The New India Assurance Co. Ltd. Divisional Manager, Solapur Thr. Mumbai Legal Hub v. Amol S/O Subhash Bankar And ORS.

P.H. Jayani 31(C) IA12390.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 12390 OF 2024 IN FIRST APPEAL (ST.) NO. 18471 OF 2024 The New India Insurance Co. Ltd.

.... Applicant V/s.

Amol s/o. Subhash Bankar and Ors.

.... Respondents Mr. Devendranath S. Joshi for the Applicant.

Mr. R.S. Alange for Respondent Nos.1 to 3.

CORAM : SHYAM C. CHANDAK, J.

DATED : 05th MAY, 2025 P.C. :- .

Heard learned Advocate for the parties.

2) Mr. Joshi, learned Advocate states that the Applicant/ Appellant would deposit entire amount of compensation along with accrued interest till date with the concerned Tribunal within six weeks from today. He further states that the said statement be accepted and the Application be disposed of, accordingly.

3) The statement made by Mr. Joshi is accepted as an undertaking given to the Court. In view thereof, the Application is allowed in terms of prayer clause (a) and stands disposed of. 4) If the Applicant failed to deposit the compensation amount within stipulated period, as stated above, the order of stay shall stand vacated without further reference to this Court. 1/2

P.H. Jayani 31(C) IA12390.2024.doc 5) Mr. Alange, learned Advocate for Respondent Nos.1 to 3 submitted that the Claimants are the husband and minor children of the deceased. The claim was filed in the year 2020 and since then the Claimants are waiting for the compensation.

6) In view thereof and considering that the Respondent Nos.2 and 3 are minors, Respondent No.1 is permitted to withdraw Rs.10,00,000/- (Rupees Ten Lakhs) along with proportionate interest subject to furnishing usual undertaking that in case the Appellant succeeds in this Appeal, the Respondent No.1 would refund the said amount along with interest as would be directed by this Court. The Tribunal shall invest remaining amount of compensation with nationalized bank giving highest interest from time to time.

(SHYAM C. CHANDAK, J.) PREETI HEERO JAYANI by PREETI HEERO JAYANI Date: 2025.05.10 10:44:26 +0530 2/2