Sou. Mangal Rangrao Shinde v. Bajaj Alliance General Insurance Co.Ltd. And ORS.

P.H. Jayani 905 CAF(III) 545.19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 545 OF 2019 IN FIRST APPEAL (ST.) NO. 24381 OF 2015 Mangal Rangrao Shinde ....Applicant In the matter between :- Bajaj Alliance General Insurance Co. Ltd.

....Appellant V/s.

Mangal Rangrao Shinde and Ors.

....Respondents Ms. Yogita Deshmukh-Chitnis for the applicant in CAF 1762/2016 and CAF 1763/2016 and FAST 24381/2015.

Mr. Bhushan Walimbe for the respondents and for the applicant in CAF 545/2019.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 06th FEBRUARY, 2019.

P.C.:

.

Heard the learned counsels for the respective parties. 2.

By this application, the applicant has sought to withdraw the amount deposited by the appellant / insurance company before the MACT, Sangli.

3.

By the impugned judgment and award dated 10/12/2014 passed by the Chairman, MACT, Sangli in M.A.C.P. No.212/2012, the Tribunal has awarded compensation of Rs.1,78,000/- with interest @ 8% per annum from the date of the petition till realization of the amount. 1/2

P.H. Jayani 905 CAF(III) 545.19.doc 4.

Having considered the reasons stated in the application and particularly the quantum of amount awarded, in my considered view, the applicant is allowed to withdraw the entire compensation amount alongwith interest accrued thereon.

5.

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

6.

Civil Application stands disposed of.

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