Rajashri Sharad Maskar And ORS. v. Shriram General Insurance Company Limited

2023:BHC-AS:26104 8-ii- ia 14779-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 14779 OF 2023 IN FIRST APPEAL NO. 159 of 2023 Rajashri Sharad Mhaskar & Ors.

..Applicants In the matter between Shriram General Insurance Co. Ltd.

..Appellant v/s.

Rajashri Sharad Mhaskar & Ors.

..Respondents Mr. Pritesh Bohade for the Applicant /Org. Respondent.. Mr. Pandit Kasar for the Appellant.

CORAM : ANUJA PRABHUDESSAI, J.

DATED : 1st SEPTEMBER, 2023.

P.C.

1.

By this application, the Applicants, who are the original claimants have sought withdrawal of the compensation awarded by the Claims Tribunal, Satara in MACP No. 144 of 2017.

2.

Considering the grounds raised in the appeal memo, and the reasons stated in the application, the Applicant No.1 who is the widow, is allowed to withdraw 25% of the compensation with proportionate interest accrued thereon, subject to filing an undertaking that they shall refund the amount with proportionate interest, in the event the Appellant P P SALGAONKAR

8-ii- ia 14779-23.doc insurance company succeeds in the appeal.

3.

Since the applicant No.2 is a minor, 25% of the compensation with proportionate interest accrued thereon be invested in her name under Fixed Deposit, in any nationalized bank, for a period of two years with liberty to apply for withdrawal, in the event the applicant no.2 needs money to meet educational expenses.

4.

Civil Application stands disposed of.

(ANUJA PRABHUDESSAI, J.) P P SALGAONKAR