Kanchan Ramchandra Sawant v. Ashok Kasim Mithagiri And ANR.

S.S.Kilaje 19-IA-14877-23.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 14877 OF 2023 (withdrawal) IN FIRST APPEAL NO. 332 OF 2023 Kanchan Ramchandra Sawant ... Applicant

IN THE MATTER OF :

Oriental Insurance Company Limited ... Appellant

Versus

Kanchan Ramchandra Sawant & Anr.

... Respondents .............

Smt. Varsha Chavan, Advocate for the Applicant and for Respondent No. 1 in FA/332/2023.

Smt. S. S. Dwivedi, Advocate for Appellant in FA/332/2023.

CORAM

: ARUN R. PEDNEKER, J.

DATED : 29th JULY, 2024.

P. C. :

INTERIM APPLICATION NO. 14877 OF 2023 1.

The present application is filed on behalf of the claimant for withdrawal of the amount.

2.

Learned counsel for the appellant submits that by order dated 01.04.2019 already 25% amount deposited before the Tribunal has been withdrawn. She submits that this is injury claim. 3.

The learned counsel for the applicant submits that the applicant has suffered with paraplegia and need funds on a day to day basis for her survival. The amount withdrawn was insufficient to meet her requirement. She submits that appeal may take some time and money is required for day 1/2

S.S.Kilaje 19-IA-14877-23.doc to day medical and personal assistance.

4.

In view of the same, Applicant is permitted to withdraw 60% of the amount (inclusive of 25%) of the compensation as directed by the Tribunal along with accrued interest subject to filing of usual undertaking to the satisfaction of the Presiding Officer of the Tribunal. 5.

The Interim Application No. 14877 of 2023 is disposed of. 6.

The present First Appeal be tagged along with F.A. (St.) No. 2896 of 2019; F.A. No. 225 of 2022; F.A. (St.) No. 2883 of 2019; F.A. No. 96 of 2022; F.A. (St.) No. 2890 of 2019; F.A. (St.) No. 2905 of 2019 and F.A. No. 238 of 2022. All the appeals be clubbed together. 7.

List the appeal along with above connected appeals on 9th September, 2024.

( ARUN R. PEDNEKER, J.) by SONALI SATISH KILAJE Date:

2024.07.31 13:08:09 +0700 SONALI SATISH KILAJE 2/2