Smt. Raghini Ramesh Joshi And ANR. v. Damodaran Chathukutty Nair (Major)

Megha 32_ia_2539_2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.2539 OF 2022 IN FIRST APPEAL NO.585 OF 2021 Smt. Raghini Ramesh Joshi and Anr.

...Applicants

Versus

National Insurance Co. Ltd.

...Respondents

.....

Mr. T.S. Ingale for the Applicant.

Mr. Amol Gatne for the Appellant-Insurance Company. Mr. Bhushan Walimbe for Respondent No.3.

CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED: 9th JUNE, 2022.

P.C.:- 1.

By this application, the Applicants have sought withdrawal of the compensation deposited by the Appellant-Insurance Company pursuant to the impugned judgment passed by the Claims Tribunal Kalyan, in M.A.C.P. No.169 of 2008.

2.

Having considered the reasons stated in the application and also the grounds raised in the appeal memo, in my considered view the Applicants are allowed to withdraw 50% of the compensation subject to an undertaking that same shall be refunded in the event, the Appellant-Insurance Company succeeds.

Digitally signed by MEGHA S PARAB Date:

2022.06.14 14:01:05 +0530 MEGHA S PARAB Megha 1/2

Megha 32_ia_2539_2022.odt 3.

The application stands disposed of.

(SMT. ANUJA PRABHUDESSAI, J.) Megha 2/2