Smt. Madhavi Gundu Gavade And ORS. v. Reliance General Insurance Co. Ltd., Thane

P.H. Jayani 14(A) IA18930.2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 18930 OF 2022 IN FIRST APPEAL NO. 905 OF 2022 Madhavi Gundu Gavade and ors.

.... Applicants In the matter between :- Reliance General Insurance Co. Ltd.

.... Appellant v/s.

Madhavi Gundu Gavade and ors.

.... Respondents Mr. Tejpal Ingale for the Applicants.

Ms. S.S. Dwivedi i/b. Ms. Kalpana Trivedi for the Appellant - Insurance Co.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 14th OCTOBER, 2022.

P. C. :- .

The Respondent Nos.1 to 4 (original claimants) have sought withdrawal of the compensation deposited by the Appellant - Insurance Company.

2.

The Respondent No.1 is the widow, Respondent Nos.2 and 3 are the children and Respondent No.4 is the mother of the deceased - Gundu Gavade. Learned counsel for the Respondents states that challenge is only to the quantum of compensation. 1/2

P.H. Jayani 14(A) IA18930.2022.doc 3.

Considering the reasons stated in the Application and the grounds raised in the Appeal memo, the Respondent No.1 is permitted to withdraw 25% of the compensation with proportionate interest accrued thereon. Respondent No.2 is permitted to withdraw 10% of the compensation with proportionate interest accrued thereon and Respondent No.4 is permitted to withdraw 5% of the compensation with proportionate interest accrued thereon. Since Respondent No.3 is minor, I am not inclined to allow withdrawal on her behalf. 4.

Interim Application stands disposed of.

PREETI H JAYANI (SMT. ANUJA PRABHUDESSAI, J.) PREETI H JAYANI Date: 2022.10.18 16:50:02 +0530 2/2