Smt. Geetadevi Deepchand Kanojiya And ORS. v. United India Insurance Co.Ltd. And ORS.

Digitally signed by SHAMBHAVI NILESH SHIVGAN Date:

2022.04.28 18:10:43 +0530 20-CAF-141-2020.odt SHAMBHAVI NILESH SHIVGAN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.141 OF 2020 IN FIRST APPEAL (ST) NO.31241 OF 2014 WITH CIVIL APPLICATION NO.1827 OF 2019 WITH CIVIL APPLICATION NO.4347 OF 2015 WITH CIVIL APPLICATION NO.4348 OF 2015 Smt. Geetadevi D. Kanojiya and Ors.

...Applicants Vs United India Insurance Co. Ltd. and Ors.

...Respondents

...

Mr. S.R.Gupta for the Applicants in CAF/141/20. Mr. Rahul Mehta i/by KMC Legal Venture for Appellant in FA. CORAM : SANDEEP K. SHINDE J.

DATE : APRIL 28, 2022.

P.C. :

Pending Appeal against the award in Motor Accident Claims Application No.3019 of 2007 passed by the Motor Accident Claims Tribunal, Mumbai, appellants-United India Insurance Company Limited deposited the compensation in terms of the impugned award. Applicants/Original Claimants seek withdrawal of the part of the compensation for the reasons stated in the application. Shivgan 1/2

20-CAF-141-2020.odt Heard learned counsel for the parties. Perused the application.

In consideration of the facts of the case and for the reasons stated in the application, applicants are permitted to withdraw 50% of the awarded compensation along with interest st March, 2022 on applicants' Undertaking to accrued thereon till 31 refund the amount in the event, appellants succeed. The learned Member, Motor Accident Claims Tribunal shall apportion the amount amongst the applicants after hearing them.

Civil Application No.141 of 2020 is partly allowed and disposed of in aforesaid terms.

(SANDEEP K. SHINDE, J.) Shivgan 2/2