Mrs. Priyanka Naresh Kumar Rawal And ORS. v. Reliance General Insurance Co. Ltd., Mumbai

26-I-IA 18200-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 18200 OF 2022 IN FIRST APPEAL NO. 235 OF 2022 Priyanka Rawal & Ors.

..Applicant In the matter between Reliance General Insurance Co. Ltd.

..Appellant v/s.

Priyanka Rawal & Ors.

..Respondents Mr. Pandit Kasar for the Appellant.

Mr. Bharat Gadhavi a/w. Chinmay Deshpande for the Respondent. CORAM : ANUJA PRABHUDESSAI, J.

DATED : 18th OCTOBER, 2022.

P.C.

1.

By this application, the Applicants (Original Claimants) have sought withdrawal of compensation deposited by the Appellant Insurance Company as per the judgment and Award passed by the Claims Tribunal.

2.

The challenge in the appeal is mainly to the quantum of compensation. Having considered the reasons stated in the Application, as well as the grounds raised in the appeal memo, the Applicant No.1widow of deceased Naresh Kumar Rawal is permitted to withdraw 20% of the compensation with proportionate interest accrued thereon. Digitally signed by PRASANNA P SALGAONKAR Date:

2022.10.19 16:50:43 +0530 PRASANNA P SALGAONKAR P P SALGAONKAR

26-I-IA 18200-22.doc Applicant No.4 is permitted to withdraw 5% of the compensation with proportionate interest accrued therein. Applicant Nos.2 and 3 are minors. Hence, I am not inclined to allow withdrawal on their behalf, at this stage.

3.

Suffice to say that the withdrawal is subject to filing an undertaking that the Applicants shall refund the amount with proportionate interest, in the event the Appellant insurance company succeeds in the appeal.

4.

Interim Application stands disposed of.

(ANUJA PRABHUDESSAI, J.) P P SALGAONKAR