Dnyankala Kamlesh Singh And ORS. v. The New India Assurance Co. Ltd., Mumbai

P.H. Jayani 19(B) IA19120.2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 19120 OF 2022 IN FIRST APPEAL (ST.) NO. 10735 OF 2022 Smt. Dnyankala Kamlesh Singh and ors.

.... Applicants In the matter between :- The New India Assurance Co. Ltd.

.... Appellant v/s.

Smt. Dnyankala Kamlesh Singh and ors.

.... Respondents Mr. Rahul Mehta i/b.KMC Legal Venture for the Applicants. Ms. Karishma Jhaveri i/b. Navdeep Vora and Associates for the Appellant - Insurance Co.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 14th OCTOBER, 2022.

P. C. :- .

By this Application, Respondent Nos.1 to 3/original claimants have sought withdrawal of compensation deposited by the Appellant - Insurance Company.

2.

Considering the reasons stated in the Application and the grounds raised in the Appeal memo, Applicants/Respondent Nos.1 to 3 are permitted to withdraw 60% of the compensation with 1/2

P.H. Jayani 19(B) IA19120.2022.doc proportionate interest accrued thereon.

3.

Suffice it to say that withdrawal of the compensation is subject to the final outcome of the Appeal. The Applicants shall file an undertaking before the Claims Tribunal, Mumbai that they shall refund the compensation with interest in the event the Appellant - Insurance Company succeeds in the Appeal.

4.

Interim Application stands disposed of.

PREETI H JAYANI (SMT. ANUJA PRABHUDESSAI, J.) PREETI H JAYANI Date: 2022.10.18 16:51:01 +0530 2/2