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Bombay High CourtCAF/4154/2025allowed

Divisional Manager The New India Assurance Co Ltd Divisional Office Akola (Ms) v. Chhaya W/O Sanjiv Dighole And Another

2026-02-23Hon'Ble Shri Justice Prafulla S. Khubalkar1 pages

2026:BHC-NAG:3311 1 64-CAF-4154-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION NO.4154 OF 2025 IN FIRST APPEAL NO.1039 OF 2024 The New India Assurance Co. Ltd.Vs.Chhaya Wd/o. Sanjiv Dighole & Anr. Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Ms. A.S. Athalye, Advocate for the Applicant/Appellant. Ms. Aastha Sharma, Advocate for the Respondent No.1. CORAM: PRAFULLA S. KHUBALKAR, J .

DATED : 23 rd FEBRUARY, 1.

This is an application for withdrawal of the amount of compensation. Applicants are the original claimants, who are seeking withdrawal of the amount of compensation deposited by the appellant.

2.

Learned counsel for the applicant/respondent No.1 submits that the applicant is entitled for compensation which is awarded by the Tribunal on account of death of husband of respondent No.1. She further submits that the applicant/original claimant is in need of amount of compensation and prays for withdrawal of the amount deposited.

3.

Although the learned counsel for the appellant opposed the application, having regard to the contents of the application and submissions advanced, the civil application is allowed. The applicant is permitted to withdraw 75% of the amount deposited with accrued interest subject to furnishing usual undertaking to the Registrar (Judicial).

4.

Accordingly, the civil application is disposed of. (PRAFULLA S. KHUBALKAR, J . ) Privel