Mr. Shailesh Keshav Bhave And ANR. v. The New India Assurance Company Ltd. And ANR.

P.H. Jayani 14(A) CAF294.2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 294 OF 2020 IN FIRST APPEAL (ST.) NO. 30654 OF 2018 Mr. Shailesh Keshav Bhave and anr.

.... Applicants In the matter between :- The New India Assurance Co. Ltd. and anr.

.... Appellant v/s.

Shailesh Keshav Bhave and ors.

.... Respondents Ms. Poonam Mital for the Appellant.

Ms. Kiran Yadav i/b. Avinash Gokhale for original claimant nos.1 and 2.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 29th JULY, 2022.

P. C. :- .

The Applicants who are the original claimants have sought withdrawal of the compensation deposited by the Appellant - Insurance Company as per the judgment and award dated 22/03/2018 passed by the MACT, Thane in MACP No.1046/2010. By the impugned judgment, the Claims Tribunal has awarded total compensation of Rs.13,26,000/-.

2.

Having considered the reasons stated in the Application and the 1/2

P.H. Jayani 14(A) CAF294.2020.odt grounds raised in the Appeal memo, the Applicants/original claimants are permitted to withdraw 50% of the compensation with proportionate interest accrued thereon.

3.

The Applicants shall give an undertaking to the Claims Tribunal, Thane that they shall refund the amount with interest in the event the Appellant-Insurance company succeeds in the Appeal. The Tribunal to re-invest the balance amount of compensation in any nationalized bank until further orders.

4.

Civil Application stands disposed of.

PREETI JAYANI (SMT. ANUJA PRABHUDESSAI, J.) by PREETI H JAYANI Date: 2022.08.01 17:23:58 +0530 2/2