Shobha Sahebrao Deshmukh And ORS. v. Tata Aig General Insurance Company Limited, Mumbai

15-FAST-2657-2021.DOC TRUPTI SADANAND BAMNE TRUPTI SADANAND BAMNE Date: 2022.02.09 22:00:06 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1675 OF 2021 IN FIRST APPEAL (ST.) NO. 2657 OF 2021 Shobha Sahebrao Deshmukh and Anr.

...Applicants

Versus

TATA AIG General Insurance Company Limited and Another

...Respondents

......

Ms.Varsha Chavan for the Applicants.

Mr. Nikhil Mehta i/b. KMC Legal Venture for the Original Appellant/ Insurance Company.

......

CORAM:

V.G.BISHT, J.

DATE:

9th February, 2022 PC:- (Through Video Conferencing ) 1.

The applicants have moved this application for withdrawal of amount deposited by the original appellant pursuant to the judgment and award dated 7th November, 2020 passed by the learned Member, MACT, Mumbai in Motor Accident Claim Petition No. 1729 of 2014. Heard learned counsel for both the parties. Learned counsel for original appellant has objected the application.

Trupti 1/2

15-FAST-2657-2021.DOC In view of submissions made by learned counsel for the applicants, applicants are allowed to withdraw 60% of the compensation amount as per the judgment and award and apportionment made in para 3 of the Order dated 7th November, 2020 passed in Claim Petition No.1729 of 2014. The applicants are directed to give an undertaking of returning the said amount to be withdrawn in the event of appeal being allowed with prevailing rate of interest.

The statutory amount of Rs.25,000/- deposited in this Court at the time of fling of Appeal shall be transferred to the Motor Accident Claims Tribunal, Mumbai. Rest of the amount to be deposited in the nationalized bank.

Interim Application is allowed and accordingly disposed of.

Place the First Appeal for 'Admission' on 16th March, 2022.

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