Gayatri W/O Ishwar Galange And Ors vs The New India Assurnace Co Ltd Through ...
2024 Latest Caselaw 6765 Bom

Bombay High Court

Gayatri W/O Ishwar Galange And Ors vs The New India Assurnace Co Ltd Through ... on 1 March, 2024

2024:BHC-AUG:4522
                                                  1                 929-CA.2343-24.odt


                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                929 CIVIL APPLICATION NO. 2343 OF 2024
                                            IN FA/2933/2023

                             GAYATRI W/O ISHWAR GALANGE AND ORS
                                            VERSUS
                         THE NEW INDIA ASSURNACE CO LTD THROUGH ITS
                                 DIVISIONAL MANAGER AND ORS

                                                 .....
                             Advocate for Applicant : Ms. Jadhav Tanvi V.
                         Advocate for Respondent No.1 : Mr. A. B. Kadethankar.
                                                 .....

                                              CORAM :      S. G. MEHARE, J.
                                              DATE :       01.03.2024

                    PER COURT :-


                    1.    Heard the respective learned counsels.


                    2.    The appeal has been preferred on the ground that the

                    additional income of the deceased was not proved. Therefore,

                    the excess compensation has been granted. The statement has

                    been made that the deceased was the sole legal heir of the

                    claimants. In view of the fact, the learned Tribunal has

                    awarded the compensation to both applicants. Hence, the

                    following order is passed :

                                                  ORDER

(i) Application is partly allowed.

2 929-CA.2343-24.odt

(ii) The applicants are allowed to withdraw 75% of the amount deposited with this Court with accrued interest on the undertaking to deposit the money, if the impugned judgment and award is reversed.

(iii) To make the payment easy, the Nazir is directed to transfer the amount to the MACT at Majalgaon. The Member, MACT should release the amount on obtaining the above undertaking to the applicants equally.

(S. G. MEHARE, J.)

...

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