Syed Arifuddin Quadri Syed Habibuddin ... vs The New India Assurance Company Ltd ...
2024 Latest Caselaw 3268 Bom

Bombay High Court

Syed Arifuddin Quadri Syed Habibuddin ... vs The New India Assurance Company Ltd ... on 2 February, 2024

2024:BHC-AUG:2584
                                                1                  25-CA-13373-23-w.odt




                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD


                     CIVIL APPLICATION NO. 13373 OF 2023 IN FAST/29036/2022

                     SYED ARIFUDDIN QUADRI SYED HABIBUDDIN QUADRI
                                       AND ANOTHER
                                           VERSUS
                THE NEW INDIA ASSURANCE COMPANY LTD THROUGH ITS BRANCH
                                    MANAGER AND OTHERS
                                              ...
                        Advocate for Applicants : Mr. Pramod C. Mayure
                     Advocate for Respondent No.1 : Mr. A. S. Usmanpurkar
                                              ...

                                                    CORAM : S. G. MEHARE, J.

                                                    DATE    : 02-02-2024

                PER COURT :-


                1.    Heard the learned counsel for the applicants and the learned

                counsel for respondent No.1/appellant.

                2.    The appellant/insurer has disputed the last drawn salary. It

                was the case of the insurer that there would be no such hike in the

                last drawn salary.   His entire salary slips were not placed on

                record. Therefore, the compensation has gone high.

                3.    The learned counsel for the applicant submits that the last

                drawn salary was correct. The deceased was serving with the

                school since 1996 as a Lab Technician. He had a pay scale and,

                therefore, his salary was correctly shown Rs.45,000/- per month.

                4.    Considering the dispute over the last drawn salary, the

                following order is passed;
                                   2                   25-CA-13373-23-w.odt



                                ORDER

i) The application is partly allowed.

ii) The applicants are entitled to withdraw Rs.35,00,000/- from

the amount deposited with accrued interest thereon. The

said amount be disbursed as per the apportionment done by

the learned Tribunal, with proportionate interest on furnishing

an undertaking that they shall deposit money, if the

judgment and award impugned is reversed.

iii) Remaining amount be invested in the fixed deposit in any

Nationalized Bank till the disposal of the appeal, as per the

rules.

( S. G. MEHARE ) JUDGE

rrd