Mrs. Sadhana Devidas Gujrathi And ORS. v. M.S Oriental Insurance Co. Ltd. And Another

osk 908-caf-2917-2014.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2917 OF 2014 IN FIRST APPEAL (ST.) NO. 30603 OF 2004 Sadhana Devidas Gujarathi & Ors.

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Applicants In the matter between Oriental Insurance Co. Ltd.

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Appellant V/s.

Sadhana Devidas Gujarathi & Ors.

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Respondents • Mr.Sumit Khanna i/b. Dewani & Associates for the Applicants/Org. Respondent Nos.1 and 2.

• Ms.Minal Chandnani i/b. Mr.Jaiwant S. Chandnani for the Appellant.

CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 11th SEPTEMBER, 2018.

P.C. :

1] Heard learned counsel for the Applicants/Claimants and learned counsel for the Appellant.

2] This is an application filed by the Applicants/Original Claimants seeking withdrawal of the amount of compensation deposited in this Court.

3] Learned counsel for the Appellant submits that the award is challenged not only on the ground of quantum of compensation but 1/2

osk 908-caf-2917-2014.odt also on the ground that the 'cheque' issued towards the premium of the policy was dishonored and therefore, there was no valid Insurance Policy.

4] Learned counsel for the Applicants-Claimants submits that as the 'Insurance Policy' was not cancelled, the Tribunal has rightly awarded the amount of compensation.

5] In my considered opinion, instead of entering into the merits of the claim, at this stage, it would be proper to consider the requirement of the Applicants-Claimants and having regard to the fact that the accident is of the year 1996, the Applicants-Claimants are permitted to withdraw 50% of the amount of compensation, subject to furnishing of usual undertaking.

6] The Civil Application is disposed of accordingly. [DR.SHALINI PHANSALKAR-JOSHI, J.] 2/2