Sau.Shubhadra Kamlakar Vaykul And ANR. v. Reliance General Ins.Co.Ltd,

Megha 11_caf_1059_2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1059 OF 2018 IN FIRST APPEAL (STAMP) NO.15700 OF 2016 Sau. Shubhadra Kamlakar Vaykul & Anr.

...Applicants

Versus

Reliance General Insurance Co. Ltd.

...Respondent

.....

Mr. Rohan Darandale for the Applicant in CAF/1059/2018. Ms Poonam Mittal for the Respondent/Orig.Appellant. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED: 18th APRIL, 2018.

P.C.:- By this application, the Applicants, who are the original claimants have sought to withdraw the total compensation awarded by the judgment and award dated 15th December, 2015 in M.A.C.P. No.370 of 2011.

2.

By the impugned judgment, the M.A.C.T., Alibag-Raigad has awarded compensation of Rs.32,24,289/- with interest @ 8% per annum from the date of filing of the application till final payment. 3.

It is seen that the Appellant-Insurance Company has challenged only the quantum of compensation. Considering the said Megha 1/2

Megha 11_caf_1059_2018.doc fact, 30% of the total compensation alongwith proportionate interest is ordered to be paid to the Applicant No.1 and 20% of the total compensation is to be paid to the Applicant No.2. The Tribunal to invest the balance amount in any Nationalised Bank till the disposal of the appeal.

4.

The Civil Application stands disposed of.

5.

It is made clear that the payment is subject to final outcome of the appeal. The Applicants shall give an undertaking before the Tribunal that they shall abide by the order that may be passed in the appeal.

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