Shri. Tushar Dilip Bhelke v. The New India Assurance Company Ltd. And ANR.

P.H. Jayani 04(A) IA348.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3648 OF 2019 IN FIRST APPEAL NO. 179 OF 2016 Tushar Dilip Bhelke .... Applicant In the matter between :- The New India Assurance Co. Ltd.

.... Appellant v/s.

Tushar Dilip Bhelke and anr.

.... Respondents Mr. Shrikant Dange for the Appellant.

Mr. Bhavesh Magam i/b. Mr. Rajesh More for Respondent No.1. CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 14th NOVEMBER, 2022.

P. C. :- .

This is an Application filed by the Respondent - original claimant for withdrawal of the compensation awarded by the Member, Motor Accident Claims Tribunal, Pune in M.A.C.P. No.95/2009. 2.

Having considered the reasons stated in the Application and the grounds raised in the Appeal memo, the Respondent - original claimant is permitted to withdraw 50% of the compensation with proportionate interest accrued thereon.

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P.H. Jayani 04(A) IA348.doc 3.

Suffice it to say that withdrawal of the compensation is subject to the final outcome of the Appeal. The Respondent - original claimant shall file an undertaking before the Claims Tribunal that the Respondent shall refund the compensation with interest in the event the Appellant - Insurance Company succeeds in the Appeal. 4.

Interim Application stands disposed of.

PREETI H JAYANI (SMT. ANUJA PRABHUDESSAI, J.) PREETI H JAYANI Date: 2022.11.16 11:22:41 +0530 2/2