Mrs.Sunita Suryakant Tambe And ... vs The New India Assurance Company ...
2022 Latest Caselaw 5496 Bom

                                                                              21-ii-ia -st-11863-22.doc


                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIVIL APPELLATE JURISDICTION
                                 INTERIM APPLICATION (ST) NO. 11863 OF 2022
                                                    IN
                                        FIRST APPEAL NO. 328 OF 2021

                      Mrs. Sunita Suryakant Tambe & Anr.                        ..Applicant
                                  v/s.
                      The New India Assurance Co. Ltd.                          ..Respondents

                      Mr. S.M.Mangaonkar for the Applicant Nos.1 and 2.
                      Ms. Poonam Mittal for the Respondent Insurance Co.
                      Mr. D.D.Rananaware for the MSRTC.

                                                 CORAM : ANUJA PRABHUDESSAI, J.

DATED : 16th JUNE, 2022.

P.C.

1. By this application, the Applicants have sought withdrawal of the

compensation deposited by the Appellant Insurance Company as per the

Judgment and Award dated 25.02.2020 passed by the Claims Tribunal in

MACP 546 of 2016.

2. Having considered the reasons stated in the application, and the

grounds stated in the memo of appeal, the Applicant/s, who are the

daughter in law and grand children of the deceased Bhikaram Tambe are

permitted to withdraw 30% of the compensation, subject to filing an

undertaking that they shall refund the amount with appropriate interest in

the event the Appellant insurance company succeeds in the appeal.

3. Civil Application stands disposed of.

Digitally signed by PRASANNA PRASANNA P P SALGAONKAR SALGAONKAR Date:

2022.06.18 (ANUJA PRABHUDESSAI, J.) 15:11:12 +0530

P P SALGAONKAR 1 of 1