Sristha Devi Pralhad Singh And ORS. v. Oriental Insurance Company Limited, Mumbai And ANR.

9-fa-28-2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.2678 OF 2021 WITH INTERIM APPLICATION NO.3836 OF 2020 IN FIRST APPEAL NO.28 OF 2021 Shristha Devi Pralhad Singh and Others ...Applicants vs.

Oriental Insurance Co.Ltd., Mumbai and Others

...Respondents

VISHAL SUBHASH PAREKAR by VISHAL SUBHASH PAREKAR Date: 2021.10.06 15:16:24 +0530 Mr. Amol Gatane i/b. Mrs. Swati Mehta, for the applicant in I.A.No. 2678 of 2021.

Ms. S.S. Dwivedi, for the Appellant.

CORAM :

N. J. JAMADAR, J.

DATE :

OCTOBER 05, 2021 P.C.:

.

Heard the learned counsel for the applicants-original claimant and the respondent No. 1, the appellant/insurer in Interim Application No. 2678 of 2021.

2.

This application is preferred seeking permission to withdraw the amount of compensation deposited by the insurer in terms of the judgment and award dated 14th February, 2020 in MACP No. 356 of 2018 passed by the learned Member, MACT, Pune. 3.

The learned counsel for the respondent No. 1-insurer resisted the prayer on the ground that the insurer has raised substantive Vishal Parekar, P.A.

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9-fa-28-2021.doc grounds to challenge the legality and correctness of the impugned award.

4.

The grounds raised by the appellant-insurer can be legitimately considered at the fnal hearing and adjudication of the appeal. At this stage, the claim of the applicant that they are in need of the amount can hardly be contested. Hence, he application deserves to be partly allowed. Thus, the following order.

ORDER

1] The application stands partly allowed.

2] The applicants are entitled to withdraw 50% of the amount deposited by the insurer/appellant along with interest accrued thereon subject to furnishing an undertaking before the learned Member, MACT, Pune to bring back the amount in the event the appeal is allowed and it is held that the applicants-claimant are not entitled to the compensation.

3] Liberty to the applicants to fle application for withdrawal of more amount in the event of necessity.

4] The application stands disposed of.

(N. J. JAMADAR, J.) Vishal Parekar, P.A.

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