Vijay Priyolkar., v. The New India Assuracne Co. Ltd. And ANR.,

9-MCA-62-20.DOC Santosh

IN THE HIGH COURT OF BOMBAY AT GOA

MISC. CIVIL APPLICATION NO. 62 OF 2020 IN FIRST APPEAL NO.203 OF 2009 VIJAY PRIYOLKAR., ... Applicant.

Versus

THE NEW INDIA ASSURACNE CO.

LTD. AND ANR., .... Respondents.

Mr Gaurish Agni with Mr K. Kavlekar, Advocates for the Applicant.

CORAM:

M. S. SONAK, J.

DATED :

2nd FEBRUARY 2023 P.C.:- 1.

Heard Mr Kavlkear for the Applicant.

2.

Mr Kavlekar points out that the Appellant-Insurance Company had deposited the awarded amount as pre-condition for stay of execution. Ultimately, by Judgment and Order dated 9/8/2018, First Appeal No.203/2009 was dismissed. He, therefore, submits that the amount deposited by the Insurance Company should be released to the Applicant-Claimant. 2nd February 2023

9-MCA-62-20.DOC 3.

A perusal of the Judgment and Order dated 9/8/2018, indicates that the Appeal was indeed dismissed by making the following order :

"The appeal is dismissed and the impugned judgment dated 18.11.2008 is confirmed pursuant to which the learned Tribunal held the claimant entitled to the compensation of 62,000/- with interest at the rate of 9% p.a. from the date of ₹ the filing of the petition till the date of the final payment." 4.

Accordingly, the Applicant/Claimant is entitled to withdrawal of the amount deposited by the Appellant-Insurance Company. Registry to permit the Applicant-Claimant to withdraw the said amount, together with interest that shall have accrued on such amount.

5.

Mr Kavlekar sates that the Applicant/Claimant will provide the necessary identification and bank details. Registry to ensure that the amount is directly transferred into the Applicant/ Claimant's bank account.

6.

Civil Application No.62/2020 is disposed of.

M. S. SONAK, J.

MHAMAL Date: 2023.02.03 12:45:49 +05'30'

SANTOSH S MHAMAL 2nd February 2023