Prabhavati Kailash Maurya And Ors vs The Oriental Insurance Co. Ltd. Through ...
2023 Latest Caselaw 11875 Bom

Bombay High Court

Prabhavati Kailash Maurya And Ors vs The Oriental Insurance Co. Ltd. Through ... on 29 November, 2023

Author: Nitin B. Suryawanshi

Bench: Nitin B. Suryawanshi

2023:BHC-AS:35602




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                                                                              18-Ia-16851-2022.doc


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             CIVIL APPELLATE JURISDICTION

                        INTERIM APPLICATION NO. 16851 OF 2022
                                          IN
                          FIRST APPEAL (ST) NO. 14775 OF 2016


           Prabhavati Kailash Maurya And Ors.                          ...Applicants
           In the matter between :
           The Oriental Insurance Co Ltd.                              ...Appellant
                          Vs.
           Prabhavati Kailash Maurya And Ors.                          ...Respondents


           Mr. K. K. Mishra for Applicants.
           Mr. Devendranath S. Joshi for Appellant.



                                  CORAM          :   NITIN B. SURYAWANSHI, J.

                                    DATED        :   29TH NOVEMBER 2023


           P. C. :

1. This Application seeks withdrawal of amount deposited

by Appellant. By filing First Appeal appellant has challenged

Judgment and Award passed by learned Commissioner of

Workmen's Compensation, thereby awarding compensation of

Rs.3,56,980/- alongwith interest, on account of death of Kailash

Mourya. Pursuant to the Award, Appellant has deposited an

amount of Rs.9,53,137/- on 12th August, 2022.

Chaitanya

18-Ia-16851-2022.doc

2. Considering the fact that accident had taken place in

the year 2004 and the claim was filed in the year 2011, which

was allowed on 10th December, 2015 and for the reasons stated

in the Application, the Application deserves to be partly allowed.

3. Hence the Order :

(i) Applicant/Claimants are permitted to withdraw an

amount of Rs.5,00,000/- on furnishing undertaking.

(ii) Remaining amount shall be deposited in the Fixed

Deposit to be renewed from time to time.

(iii) Interim Application No. 16851 of 2022 is partly allowed

to the above extent.

[NITIN B. SURYAWANSHI, J.]

CHAITANYA ASHOK JADHAV

Chaitanya