Shubhangi Tatyasaheb @ Kapil Patil And ORS. v. The Manager , Bajaj Allianz General Insurance Company Ltd. Pune

Megha 38_ia_19838_2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.19838 OF 2022 IN FIRST APPEAL NO. 1225 OF 2022 Smt. Shubhangi Tatyasaheb @ Kapil Patil and Ors.

...Applicant

Versus

The Manager, Bajaj Allianz General Insurance Company Ltd.

...Respondents

...

Mr. Akshay Kulkarni for the Applicants Mr. Sarthak S. Diwan for the Respondent CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 18th NOVEMBER, 2022.

P. C. :- 1.

By this application the Applicants, who are the original Claimants have sought withdrawal of the compensation deposited by the Appellant-Insurance Company.

2.

Having considered the reasons stated in the application and the grounds raised in the appeal memo, at this stage, the Applicant, original Claimant No.1 is permitted to withdraw 10% of the compensation and Claimant Nos.3 and 4 are permitted to withdraw 5% each with proportionate interest accrued thereon subject to an Digitally signed by MEGHA S PARAB Date:

2022.11.23 14:21:16 +0530 MEGHA S PARAB 1/2

Megha 38_ia_19838_2022.doc undertaking that the amount will be refunded with interest in the event the Appellant succeeds in the appeal. Claimant No.2 is a minor and hence I am not inclined to allow withdrawal at this stage. 10% of compensation with proportionate interest accrued thereon be invested in the name of Respondent No.2 with liberty to the Claimant No.1 to withdraw quarterly interest.

3.

The application stands disposed of.

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