Sumitkumar Vijaykumar Gandhi And ANR. v. Reliance General Insurance Co. Ltd.

24-IA-865-2022.DOC TRUPTI SADANAND BAMNE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION TRUPTI SADANAND BAMNE Date: 2022.02.22 00:09:12 +0530 INTERIM APPLICATION NO. 865 OF 2022 IN FIRST APPEAL NO. 1234 OF 2018 Sumitkumar Vijaykumar Gandhi ...Applicant

IN THE MATTER BETWEEN

Reliance General Insurance Co. Ltd.

...Appellant

Versus

Sumitkumar Vijaykumar Gandhi

...Respondent

......

Mr. P.G.Sarda for the Applicant.

Mr. Abhinandan Waghmare for the Original Appellant. ......

CORAM:

V.G.BISHT, J.

DATE:

21st February, 2022 PC:- 1.

The applicant has moved this application for withdrawal of amount deposited by the original appellant pursuant to the judgment and award dated 22nd March, 2018 passed by the learned Addl. Member, MACT, Pune in Motor Accident Claim Petition No.327 of 2013. Heard learned counsel for both the parties. Learned counsel for original appellant has objected the application.

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24-IA-865-2022.DOC 3.

In view of submissions made by learned counsel for the applicant, applicant is allowed to withdraw 50% of the compensation amount as per the judgment and award dated 22nd March, 2018 passed in Claim Petition No. 327 of 2013. The applicant is directed to give an undertaking of returning the said amount to be withdrawn in the event of appeal being allowed with prevailing rate of interest. 4.

The statutory amount of Rs.25,000/- deposited in this Court at the time of fing of Appeal shall be transferred to the Motor Accident Claims Tribunal, Pune. Rest of the amount to be deposited in the nationalized bank.

5.

Interim application is allowed and accordingly disposed of.

6.

List this appeal on 22nd March, 2022.

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