Rajani Tanajirao Mohite And ORS. v. The Divisional Manager United India Insurance Co. Ltd.

25 -i-ia-3404-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3404 OF 2022 IN FIRST APPEAL NO. 388 OF 2017 Rajani Tanajirao Mohite & Ors.

..Applicant v/s.

United India Insurance Co. Ltd.

..Respondents Mr.Rahul Kadam i for the Applicant.

Mr. Abhijeet Joshi for the Respondent.

CORAM : ANUJA PRABHUDESSAI, J.

DATED : 11th NOVEMBER, 2022.

P.C.

1.

By this application, the Applicant has sought withdrawal of the compensation deposited by the Appellant Insurance Company as per the Judgment and Award passed by the Motor Accident Claims Tribunal, Pune, in MACP No. 701 of 2008.

2.

Having considered the reasons stated in the application, and the grounds stated in the memo of appeal, the Applicant/s, are permitted to withdraw 50% of the compensation with proportionate interest accrued thereon, subject to filing an undertaking that they shall refund the amount with proportionate interest, in the event the Appellant insurance company succeeds in the appeal.

3.

Civil Application stands disposed of.

(ANUJA PRABHUDESSAI, J.) Digitally signed by PRASANNA P SALGAONKAR Date:

2022.11.14 19:09:32 +0530 PRASANNA P SALGAONKAR P P SALGAONKAR