Smt. Indutai @Indira Ratnappa Navkudkar And ORS. v. National Insurance Company Ltd. Thr. Its Regional Office-Mumbai And ORS.

Seema 3. CAF 3442 of 2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3442 OF 2019 IN FIRST APPEAL NO. 257 OF 2019 Smt. Indutai @ Indira Ratnappa Navkudkar & Ors.

...Applicants

Versus

National Insurance Company Limited Thr. Its Regional Office- Mumbai & Ors.

...Respondent

---------- Mr. Rahul Mehta i/b Mrs. KMC Legal Venture - Advocate for the appellant/applicant in CAF No.978 of 2019.

Mr. Vijay Kokitkar - Advocate for the respondent nos. 1 to 3/ applicant in CAF No. 3442 of 2019.

---------- CORAM :

R. D. DHANUKA, J.

DATE : 18th DECEMBER 2019.

P.C. :

1. By this Civil Application, the applicants (original claimants) before the Tribunal and respondent no. 1 to 3 in the First Appeal have prayed for liberty to withdraw the amount deposited by the appellant. The dispute is in respect of quantum and alleged non-involvement of offending vehicle in the accident. After considering the findings rendered by the Tribunal prima-facie, at this stage, I am inclined to allow the applicant to 1/2

Seema 3. CAF 3442 of 2019.odt withdraw 50 % of the amount deposited by the appellant, upon filing an undertaking before the Tribunal within four weeks from today to the effect that, if they do not succeed in the First Appeal, they would return the entire amount with interest at such rate as this Court may direct by subsequent order. Copy of the undertaking shall be served upon the learned advocate appearing for the appellant within two weeks from the date of filing such undertaking. Amount would be withdrawn only after filing such undertaking.

2. The Civil Application is disposed of on the aforesaid terms. No order as to costs.

[R. D. DHANUKA, J.] 2/2