Smt. Nayna Hanumant Sonawane And ORS. v. Hdfc Ergo General Insurance Co.Ltd.

06.1-caf-3057-2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3057 OF 2019 IN CIVIL APPLICATION STAMP NO. 34203 OF 2016 Smt. Nayna Hanumant Sonawane and Ors.

... Applicants.

IN THE MATTER BETWEEN

HDFC ERGO General Insurance Co. Ltd.

... Appellant

Versus

Smt. Nayna Hanumant Sonawane and Ors.

... Respondents.

Mr. Sagar M. Kursija, for the Applicants.

Ms.Sweta Shah i/b Abhijit P. Kulkarni, for the Appellant. Mr. Rupesh A. Zade, for Respondent Nos. 6 to 8. CORAM : V. G. BISHT, J.

DATED : 31ST JANUARY, 2020.

P.C.

The Applicants have moved this application for withdrawal of amount deposited by the original appellant pursuant to the judgment and order dated 29/09/2015 passed by the learned Member, MACT, Baramati in M.A.C.P. No. 246 of 2009.

Heard learned counsel for both the parties.

In view of submissions made by learned counsel for the applicants, applicants are allowed to withdraw 50% of the compensation amount as Rekha Patil

06.1-caf-3057-2019.odt per apportionment made in the operative part of the impugned Judgment and Order. The applicants are directed to give an undertaking of returning the said amount to be withdrawn in the event of appeal being allowed with prevailing rate of interest.

Civil Application is allowed and accordingly disposed of. ( V. G. BISHT, J.) Rekha Patil