Shri. Posha Bhika Mukane vs The United India Insurance ...
2021 Latest Caselaw 8365 Bom

                                                                   3 CAF 2787-16.doc


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION

                        CIVIL APPLICATION NO. 2787 OF 2016
                                        IN
                           FIRST APPEAL NO. 290 OF 2019

      Smt. Posha Bhika Mukane                           ..Applicant

                     v/s.

      The United India Insurance Co.
      Ltd. & Anr.                                       ..Respondents

      Ms. Rina Kundu for the Applicant .
      Mr. Nikhil Mehta i/b. KMC Legal Venture for the Appellant.

                                CORAM : ANUJA PRABHUDESSAI, J.

DATED : JUNE 23, 2021.

P.C.

1. The Applicants who are the original claimants have filed this

application for withdrawal of the amount of compensation

deposited by the Appellant Insurance Company in compliance of

the judgment and order dated 21.10.2015 in Application (MCA)

No.360-B-95/2006.

2. By the impugned judgment and order, the Commissioner for

Workmens Compensation, 2nd Labour Court, Thane, awarded

compensation of Rs.7,74.795/- with interest at the rate of 12% per

anum from the date of the accident.

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                                                                      3 CAF 2787-16.doc

3. Having considered the grounds raised in the appeal and the

reasons stated in the application, the applicant is allowed to

withdraw 50% of the compensation deposited by the appellant

insurance company, along with interest accrued thereon.

4. Suffice it to say that the withdrawal is subject to final

outcome of the appeal.

5. The applicants shall furnish an undertaking before the

tribunal that they will abide by the final orders that may be passed

in this appeal.

6. The MACT, to re-invest the balance amount in the names of

the respective applicants, in any nationalized bank after making

the payment as stated above.

7. Civil application stands disposed of.

                                      (ANUJA PRABHUDESSAI, J.)




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