Reliance General Insurance Company Ltd.,Nashik v. Shrinivas Kanhaiya Mukka And ORS.

P.H. Jayani 08 FAST35054.2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1622 OF 2024 WITH INTERIM APPLICATION NO. 72 OF 2024 IN FIRST APPEAL (ST.) NO. 35054 OF 2023 Reliance General Insurance Company Ltd., Nashik .... Appellant V/s.

Shrinivas Kanhaiya Mukka and Ors.

.... Respondents WITH INTERIM APPLICATION NO. 3670 OF 2025 IN FIRST APPEAL (ST.) NO. 35054 OF 2023 Shrinivas Kanhaiya Mukka and Ors.

.... Applicants In the matter between :- Reliance General Insurance Company Ltd., Nashik .... Appellant V/s.

Shrinivas Kanhaiya Mukka and Ors.

.... Respondents Mr. Pandit Kasar for the Appellant.

Mr. Yogesh Pande for the Applicants in IA/3670/2025 and for the Respondent Nos.1 to 3 in Appeal.

CORAM : SHYAM C. CHANDAK, J.

DATED : 08th APRIL, 2025 P.C. :- ORDER IN INTERIM APPLICATION NO. 3670 OF 2025 :- .

Heard learned Advocate for the parties.

2) Present Application filed by the Applicants/Original Claimants seeking withdrawal of the entire compensation amount deposited by the Appellant.

3) Mr. Kasar, learned Advocate for the Appellant opposed the Application.

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P.H. Jayani 08 FAST35054.2023.doc 4) The deceased who died in the said accident was aged 23 years and he was B.Tech. The accident occurred in the year 2019 and since then, the Applicants have been waiting for the compensation amount. The Tribunal held the Appellant and owner of the vehicle liable for the compensation.

5) In view thereof, the Applicant Nos.1 to 3 are permitted to withdraw 25% of the compensation amount of their share with proportionate interest subject to furnishing usual undertaking that in case the Appellant succeeds in this Appeal, the Applicant Nos.1 to 3 would refund the said amount along with interest as would be directed by this Court. The Tribunal shall invest remaining amount of compensation with nationalized bank giving highest interest from time to time. 6) Interim Application stands disposed of.

ORDER IN INTERIM APPLICATION NO. 72 OF 2024 :- 7) Ad-interim relief granted vide Order dated 03rd January 2024, shall continue to operate till the next date. 8) Stand over to 24th April, 2025.

ORDER IN INTERIM APPLICATION NO. 1622 OF 2024 :- 9) Registry to expedite the service of notice issued to Respondent No.4.

10) Stand over to 24th April, 2025.

PREETI HEERO JAYANI (SHYAM C. CHANDAK, J.) PREETI HEERO JAYANI Date: 2025.04.09 16:50:50 +0530 2/2