Priya Anil Khetre And ORS. v. Samadhan Vasant Bhosale And ANR.

Megha 912_ia_18732_2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.18732 OF 2022 IN FIRST APPEAL NO.709 OF 2022 Smt. Priya Anil Khetre and Ors.

...Applicant

Versus

HDFC ERGO Gen. Insurance Co. Ltd.

...Respondents

...

Mr. Rajan S. Pawar for the Applicants Mr. Aditya Mahadik with Ms Sweta Shah i/b. Mr. Abhijit Kulkarni for Respondents.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 20th OCTOBER, 2022.

P. C. :- 1.

The Applicants, who are the original Claimants have sought withdrawal of the compensation deposited by the Appellant-Insurance Company.

2.

In view of the reasons stated in the application and the grounds raised in the appeal memo, the Applicant No.1, who is the widow of the deceased is allowed to withdraw 20% of the Digitally signed by MEGHA S PARAB Date:

2022.10.21 20:52:55 +0530 compensation with proportionate interest accrued thereon. Applicant MEGHA S PARAB No.4, who is the mother of the deceased is permitted to withdraw 5% of the compensation with proportionate interest accrued thereon. 1/2

Megha 912_ia_18732_2022.doc Applicant Nos. 2 and 3 are the minors, hence I am not inclined to allow withdrawal on their behalf. Suffice it to say that the withdrawal is subject to filing of an undertaking that the amount will be refunded in the event the Appellant succeeds in the appeal. 3.

Application stands disposed of.

(SMT. ANUJA PRABHUDESSAI, J.) 2/2