Smt.Savita Devi Nunulal Sah v. M/S. New India Assurance Co.Ltd. Thr. Its Manager

Digitally signed by ANANT KRISHNA NAIK Date:

2025.08.12 12:58:19 +0530 12.IA.10637.2025.doc ANANT KRISHNA NAIK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 10637 OF 2025 IN FIRST APPEAL (ST) NO. 35518 OF 2023 Smt. Savita Devi Nunulal Sah & Anr.

...Applicants

IN THE MATTER BETWEEN

M/s. The New India Assurance Co. Ltd.

...Appellant

Versus

Smt. Savita Devi Nunulal Sah & Ors

...Respondents

**** Adv Yogendra M Pendse for the Applicants in IA Adv. Ashwini B. Jadhav i/b. Adv. Suresh Padwal for the Respondents IA ****

CORAM

: M. M. SATHAYE, J.

DATED : 8th AUGUST 2025 P.C.:

1.

This is an application by Claimants for withdrawal of the amount deposited by the Appellant-Insurance Company. 2.

The Appeal is arising out of the death claim. By the impugned order, Commissioner for the Employees' Compensation has already granted compensation of Rs.8,67,640/- algonwith interest @ 12% per annum from the date of accident till its realization. The Employer/Opponent No. 1 is also directed to pay 50% compensation towards penalty. The Appeal is filed only by the Insurance Company.

3.

Learned Counsel for the Applicant, invited this Court's attention to the akn 1/2

12.IA.10637.2025.doc grounds raised in the Appeal Memo and submitted that essentially the liability of the Insurance Company to pay the interest is challenged and therefore the principal amount deposited with the Commissioner should be permitted to be withdrawn.

4.

Learned Counsel for the Appellant-Insurance Company seeks time. Copy of the Application be served on the learned Counsel for the AppellantInsurance Company, if not already served. 5.

Stand over to 18/08/2025 for further consideration. (M. M. SATHAYE, J.) akn 2/2