Hiradevi Devendra Sahani Hence By And Their Natural Guardian Mother For Res.No.2 To 4 And ORS. v. Hdfc Ergo General Insurance Company Ltd.

Tikam 1/2 7- IA 20500 of 2022 th January, 2023 VAISHALI ANIL TIKAM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION by VAISHALI ANIL TIKAM Date:

2023.01.12 13:10:55 +0530 INTERIM APPLICATION No. 20500 OF 2022 IN FIRST APPEAL No. 1115 OF 2022 Hiradevi Devendra Sahani Hence by and their Natural Guardian Mother for Respondent Nos.2 to 4 others ...Applicants Vs.

HDFC Ergo General Insurance Co. Ltd.

...Respondent

WITH INTERIM APPLICATION No. 18818 OF 2022 IN FIRST APPEAL No. 1115 OF 2022 HDFC Ergo General Insurance Company Ltd.

...Applicant/ Appellant Vs.

Hiradevi Devendra Sahani Hence by and their Natural Guardian Mother for Respondent Nos.2 to 4 and Ors.

...Respondents

----- Mr. Sugat P. Ingle for Applicant Mr. Sarthak S. Diwani for Respondent and for Appellant in IA No. 20500 of 2022

Tikam 2/2 7- IA 20500 of 2022 th January, 2023 CORAM : SANDEEP K. SHINDE, J.

TUESDAY 10TH JANUARY, 2023 P.C. :

1.

In consideration of the facts of the case and in particular, that the husband of Applicant No.1 died in vehicular accident on 25 th February, 2016 and further, in view of their age, I am inclined to permit the Applicants to withdraw Rs.25,00,000/- (Rupees Twenty Five Lacs) deposited by the Appellants pursuant to Award dated 6 th May, 2022 in MACP 1533/2016 passed by the MACT, Mumbai. The Learned Member shall disburse the amount in view of the 'apportionment' order passed in the said application. 2.

Applicants shall file an undertaking, stating that, in the event the Appellant succeeds, they shall bring back the amount with interest.

3.

Application is partly allowed and disposed of. 4.

All acts on authenticated copy of this order. (SANDEEP K. SHINDE, J.)