Sandip Shantaram Kadam( Thr. His Mother Smt. Shevanti Shantaram Kadam As Guardian v. Oriental Insurance Co. Ltd., Mumbai And ANR.

1 14 ia 15562 of 2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.15562 OF 2023 IN FIRST APPEAL NO.1060 OF 2022 Mr.Sandip Shantaram Kadam ...

Applicant

Versus

Oriental Insurance Company Ltd. and Anr.

...

Respondents Ms.Rina Kundu, Advocate for the Applicant.

Mr.Devendranath S. Joshi, Advocate for Respondent No.1 - Orig. Applicant.

CORAM : NITIN JAMDAR AND MANJUSHA DESHPANDE, JJ.

DATE : 10 NOVEMBER 2023.

P.C. :

Heard the learned counsel for the parties.

This is an application taken out by the Respondent - original claimant in the First Appeal filed by the Insurance Company challenging the judgment and order passed by the MOTOR Accident Claims Tribunal, Vasai in MACP No.1 of 2013 dated 20 November 2021.

RAJESHRI PRAKASH AHER Having considered the facts and circumstances of the RAJESHRI PRAKASH AHER Date: 2023.11.11 14:27:45 +0530 case and the finding of the Tribunal, we are of the opinion that the Rajeshri Aher

2 14 ia 15562 of 2023.doc Applicant-original claimant be permitted to withdraw the 50% amount of the amount which is deposited by the Insurance Company on an undertaking of the Applicant's filed on affidavit that in case the decision of the Appeal is against the Applicant, he will redeposit in the Court where the amount was deposited earlier. Interim Application is accordingly disposed of. (MANJUSHA DESHPANDE, J.) (NITIN JAMDAR, J.) Rajeshri Aher