Shri. Harcharansingh Arjunsingh Kalada And ANR. v. Shriram General Insurance Company Ltd. Through Mr. Satpalsingh Rajput(Manager-Legal)And ORS.

hcs 3.a3291.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3291 OF 2019 IN FIRST APPEAL NO.657 OF 2018 Harcharansingh A. Kalada & Anr.

...

Applicants.

In the matter between Shriram General Insurance Co. Ltd.

...

Appellant V/s.

Gagandeep Harvindarsingh Kalada & Ors. ...

Respondents.

Mr.Nikhil Vidhans for the Applicant.

Mr.Rahul Mehta i/b KMC Legal Venture for the Original Appellant.

CORAM : V.G. BISHT, J.

DATE : 14TH JANUARY, 2020.

P.C.:

1.

The applicants, being Respondent Nos.5 and 6, have moved the application for withdrawal of amount deposited by the original appellant pursuant to the judgment and order dated 19/09/2017 passed by the learned Member, Motor Accident Claims Tribunal, Nashik in MAC Petition No.578 of 2013.

2.

Heard learned counsel for the parties.

3.

In view of submissions made by learned counsel for the applicants, they are allowed to withdraw 50% of the compensation amount as per apportionment made in 1/2

3.a3291.19.odt paragraph 4 of the order dated 19/09/2017 passed in MAC Petition No.578 of 2013. The applicants are directed to give an undertaking of returning the said amount to be withdrawn in the event of appeal being allowed with prevailing rate of interest.

4.

Civil Application is allowed and is accordingly disposed of.

(V.G. BISHT, J.) 2/2