Amita Balkrishna Pawar v. Shriram General Insurance Company Limited, Thr. Its Manager , Thane

P.H. Jayani 27(B) IA9978.2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 9978 OF 2022 IN FIRST APPEAL NO. 542 OF 2021 Ms. Amita Balkrishna Pawar .... Applicant In the matter between :- Shriram General Insurance Company Ltd.

.... Appellant v/s.

Ms. Amita Balkrishna Pawar and anr.

.... Respondents Ms. Rina Kundu for the Applicant.

Mr. Pandit Kasar for the Appellant - Insurance Company. CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 01st JULY, 2022.

P. C. :- .

By this Application, the Applicant has sought withdrawal of the compensation deposited by the Appellant - Insurance Company as per the impugned judgment and award dated 13/03/2021 passed by the Member, MACT, Thane in Motor Accident Claims Petition No.561 of 2016.

2.

In view of the reasons stated in the Application and the grounds raised in the Appeal memo, the Applicant is permitted to withdraw 50% of the compensation along with proportionate interest accrued 1/2

P.H. Jayani 27(B) IA9978.2022.doc thereon.

3.

The Applicant shall file an undertaking before the Claims Tribunal, Thane that he shall refund the amount with interest in the event the Appellant - Insurance Company succeeds in the Appeal. The Tribunal to re-invest the balance amount of compensation in FDR in any nationalized bank until further orders.

4.

Interim Application stands disposed of.

PREETI H JAYANI (SMT. ANUJA PRABHUDESSAI, J.) PREETI H JAYANI Date: 2022.07.06 15:01:59 +0530 2/2