Rajaram Ganu Tambe And Anr vs The New India Assurance Company ...
2022 Latest Caselaw 5500 Bom

                                                                                        22-ii-ia 3675-22.doc


                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CIVIL APPELLATE JURISDICTION
                                          INTERIM APPLICATION NO. 3675 OF 2022
                                                           IN
                                               FIRST APPEAL NO. 340 OF 2021

                              Rajaram Ganu Tambe & Anr.                               ..Applicant
                                         v/s.
                              The New India Assurance Co. Ltd. & Ors.                 ..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 Applicant has sought withdrawal of the

compensation deposited by the Appellant Insurance Company as per the

Judgment and Award dated 27.02.2020 passed by the Claims Tribunal in

MACP 549 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 grand

parents of the deceased 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 P PRASANNA P SALGAONKAR SALGAONKAR Date:

           2022.06.18
           15:11:51 +0530
                                                                     (ANUJA PRABHUDESSAI, J.)



          P P SALGAONKAR                                                                             1 of 1