Smt. Baby Vishwanath Shetty And ... vs The New India Assurance Co. Ltd. ...
2022 Latest Caselaw 11703 Bom

                                                                                        7 caf 1241-19.doc


                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION

                                         CIVIL APPLICATION NO. 1241 OF 2019
                                                         IN
                                         FIRST APPEAL (ST) NO. 10996 OF 2017

                        Smt. Baby Vishwanath Shetty & Ors.                               ..Applicants

                                      v/s.

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

                        Mr. Abhijit Desai, i/b. Jitendra Patil for the Applicant .
                        None for the Respondent.

                                                    CORAM : ANUJA PRABHUDESSAI, J.

DATED : 16th 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 passed by the Claims Tribunal.

2. Having considered the reasons stated in the application the

Applicants 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: (ANUJA PRABHUDESSAI, J.) 2022.11.17 19:09:37 +0530

P P SALGAONKAR 1 of 1