Smt. Kamlaprasad Somarao Pal v. Reliance Gen. Ins. Co. Ltd. And ANR.

hcs 4.a3804.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3804 OF 2019 IN FIRST APPEAL STAMP NO.29431 OF 2018 Kamlaprasad Somarao Pal ...

Applicant.

In the matter between Reliance General Insurance Co. Ltd.

...

Appellant.

V/s.

Kamlaprasad Somarao Pal ...

Respondents.

Mr.T.J.Mendon for the Applicant.

CORAM : V.G. BISHT, J.

DATE : 30TH JANUARY, 2020.

P.C.:

1.

Heard learned counsel for the parties.

2.

The applicant has moved this application for withdrawal of amount deposited by the original appellant pursuant to the judgment and order dated 27/07/2017 passed by the learned Commissioner for Employee's Compensation at Mumbai in Application (WCA) No.537/C-166 of 2015. 3.

In view of submissions made by learned counsel for the applicant, the applicant is allowed to withdraw 50% of the compensation amount as per apportionment made in paragraphs 2 and 3 of the order dated 27/07/2017 passed in 1/2

4.a3804.19.odt Application (WCA) No.537/C-166 of 2015. The applicant is directed to give an undertaking of returning the said amount to be withdrawn in the event of appeal being allowed with prevailing rate of interest.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.

Civil Application is allowed and is accordingly disposed of.

(V.G. BISHT, J.) 2/2