Smt. Malini Shivdas Khade Deceased And ORS. v. National Insurance Company Limited Through The Manager And ORS.

P.H. Jayani 20(A) IA1373.2020.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1373 OF 2020 IN FIRST APPEAL (ST.) NO. 32267 OF 2016

1. Smt. Malini Shivdas Khade (deceased)

2. Shri. Anil Shivdas Khade and ors.

.... Applicants In the matter between :- National Insurance Company Limited .... Appellant v/s.

1. Smt. Malini Shivdas Khade (deceased)

2. Shri. Anil Shivdas Khade and ors.

.... Respondents Ms. Amrin Khan i/b. Mr. A.M. Gokhale for the Applicants. Mr. Sanjay Krishnan i/b. Harshada Rane for the Respondents. CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 01st JULY, 2022.

P. C. :- .

By this Application, the Applicant Nos.2, 3 and 4 who are the Original Claimant Nos.2, 3 and 4 have sought withdrawal of the amount deposited by the Appellant - Insurance Company as per the impugned judgment and award passed by the Member, MACT, Pandharpur in Motor Accident Claim Petition No.75/2004. 2.

Having considered the reasons stated in the Application and the grounds raised in the Appeal memo, 50% of the compensation along 1/2

P.H. Jayani 20(A) IA1373.2020.doc with proportionate interest accrued thereon is ordered to be paid to the Applicant Nos.2, 3 and 4.

3.

The Applicants shall file an undertaking before the Claims Tribunal, Solapur that they shall refund the amount with interest in the event the Appellant - Insurance Company succeeds in the Appeal. The Tribunal to re-invest the balance amount of compensation in FDR in any nationalized bank until further orders.

4.

Interim Application stands disposed of.

PREETI H JAYANI (SMT. ANUJA PRABHUDESSAI, J.) PREETI H JAYANI Date: 2022.07.06 14:58:27 +0530 2/2