← Library
Bombay High CourtFA/142/2025dismissed

Reliance General Insurance Co.Ltd., Mumbai v. Manorama Manohar Jambhale Thr.Her Husband And Next Friend Mr. Manohar Mahadev Jambhale And ORS.

2025-03-25Hon'Ble Shri Justice R. M. Joshi2 pages

P.H. Jayani 10 ia3927.2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3927 OF 2025 IN FIRST APPEAL NO. 142 OF 2025 Mrs. Manorama Manohar Jambhale .... Applicant In the matter between :- Reliance General Insurance Co. Ltd.

.... Appellant V/s.

Mrs. Manorama Manohar Jambhale and Ors.

.... Respondents Mr. T.J. Mendon a/w. Mr. T.R. Kale for the Claimant in IA/3927/2025. Ms. Shalini Shankar for the Appellant (through VC). CORAM : SHYAM C. CHANDAK, J.

DATED : 25th MARCH, 2025 P.C. :- ORDER IN INTERIM APPLICATION NO. 3927 OF 2025 :- .

Heard learned Advocates for the respective parties. 2) By this Application, the Applicant/Original Claimants has prayed for permission to withdraw the compensation amount along with accrued interest.

3) The withdrawal is strongly opposed by the learned Advocate for the Appellant.

4) The withdrawal is sought on the ground that the Applicant has suffered 60% permanent partial disability which resulted in 100% loss of income. Learned Advocate Mr. Mendon states that the Applicant has spent 1/2

P.H. Jayani 10 ia3927.2025.doc considerable amount on his medical treatment. 5) In view thereof and for the reasons stated in the Application, the Applicant is permitted to withdraw 60% of the compensation amount with proportionate interest subject to furnishing usual undertaking that in case the Appellant succeeds in this Appeal, the Applicant/Claimant would refund the said amount along with interest as would be directed by this Court. The Tribunal shall invest remaining amount with nationalized bank giving highest interest from time to time.

6) The statutory amount deposited in this Court shall be transferred to the Tribunal.

7) Interim Application stands disposed of.

ORDER IN FIRST APPEAL NO. 142 OF 2025 :- 8) Learned Advocates for the parties submitted that the Appeal may be taken up for final hearing.

9) In view thereof, parties are directed to submit compilation of documents as per record of the Tribunal, on the next date. 10) By consent, list the Appeal on 22nd April, 2025 under the caption 'for final hearing'.

PREETI HEERO JAYANI (SHYAM C. CHANDAK, J.) PREETI HEERO JAYANI Date: 2025.03.27 15:04:47 +0530 2/2