Shri.Nandkishore Kallu Prasad ... vs The New India Assurance Co.Ltd., ...
2022 Latest Caselaw 11493 Bom

                                                                                    9-IA-19608-22.doc


                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION

                                      INTERIM APPLICATION NO. 19608 OF 2022
                                                       IN
                                        FIRST APPEAL (ST) NO. 22611 OF 2017

                        Nandkishore Kallu Prasad Kanojiya & Anr.                 ..Applicant

                                      v/s.

                        New India Assurance Co. Ltd. & Anr.                ..Respondents


                        Ms. Rina Kundu for the Applicant .
                        Ms. Jyoti Bajpayee for the Appellant- Respondent.

                                                   CORAM : ANUJA PRABHUDESSAI, J.

DATED : 11th NOVEMBER, 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 of the Claims Tribunal.

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

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

withdraw 50% of the compensation with proportionate interest accrued

thereon, subject to filing an undertaking that they shall refund the

amount with proportionate 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:

2022.11.14 19:03:26 +0530

P P SALGAONKAR 1 of 2 9-IA-19608-22.doc

(ANUJA PRABHUDESSAI, J.)

P P SALGAONKAR 2 of 2