Sonali Hemant Gawade And ANR. v. Reliance General Insurance Company Limited, Mumbai And ANR.
13-ia-1592-2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.1592 OF 2021 IN FIRST APPEAL (ST.) NO.9196 OF 2021 VISHAL SUBHASH PAREKAR Sonali Hemant Gawade and Another ...Applicants vs.
Reliance General Insurance Co.Ltd., Mumbai
...Respondent
VISHAL SUBHASH PAREKAR Date: 2021.10.28 17:18:26 +0530 Ms. Varsha Chavan, for the Applicants.
Mr. Pandit Kasar, for the Respondent.
CORAM :
N. J. JAMADAR, J.
DATE :
OCTOBER 27, 2021 P.C.:
.
Heard the learned counsel for the parties.
2.
This is an application for withdrawal of the amount of compensation deposited by the insurer in terms of the award in MACP No.1020 of 2015 dated 13th March, 2020 passed by the learned Member, MACT, Mumbai.
3.
The applicant No.1 is the widow of the deceased and applicant No. 2 is the daughter of the deceased. The claim of the applicants that they require the amount for the necessities of life, can hardly be disputed.
4.
The learned counsel for the respondent/insurer resisted the application on the ground that the appellant has a strong case on merits. In the event the applicants are allowed to withdraw the Vishal Parekar, P.A.
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13-ia-1592-2021.doc amount of compensation and eventually the appeal is allowed, the appellant would suffer prejudice.
5.
The concern on the part of the appellant/insurer can be taken care of by imposing appropriate conditions while allowing the applicant No. 1 only, to withdraw a portion of the amount of compensation falling to her share.
Hence, the following order.
ORDER
1] The application stands partly allowed.
2] The applicant No. 1 is permitted to withdraw 60% of the amount of compensation falling to her share along with interest accrued thereon subject to furnishing an undertaking before the Tribunal to bring back the amount in the event the appeal is allowed and it is held that the applicants-claimants are not entitled to the compensation.
3] The application accordingly stands disposed of. (N. J. JAMADAR, J.) Vishal Parekar, P.A.
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