SMITA RAMESH GORADKAR Vs. SMITA RAMESH GORADKAR

JUDGEMENT

(1.) By this civil application, the applicant (original claimant) seeks liberty to withdraw the amount deposited by the respondent no.2 pursuant to the interim order passed by this Court.

(2.) Heard learned counsel for the parties. Application for withdrawal is vehemently opposed by the respondent no.2 on the ground that the appellant is not liable to make payment of compensation to the original claimant. The insurance company did not examine any witness before the Tribunal. The Tribunal has considered the evidence led by the original claimant and the original respondent no.1 and has allowed the claim of Rs.20,10,000/- along with interest @ 6% p.a. from the date of filing of the application until its deposit in the Court. The Tribunal has also considered yearly income @ Rs.1,20,000/- on the basis of the documents produced by the original claimant. In my prima facie view, though the appellant has examined a witness, the appellant could not prove its case before the Tribunal.

(3.) After considering the impugned judgment and order passed by the Tribunal, I am inclined to allow the applicant to withdraw the amount in the following manner:-