Reliance General Insurance Co. Ltd. v. Nandita Niwas Mhatre And ORS.

WAKLE MANOJ JANARDHAN Manoj 6-IA-6803-2025.doc WAKLE MANOJ JANARDHAN Date: 2025.04.09 11:02:11 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 6803 OF 2025 IN FIRST APPEAL NO. 1230 OF 2024 Smt. Nandita Niwas Mhatre And Ors.

...Applicants

IN THE MATTER BETWEEN

Reliance General Insurance Co. Ltd.

...Appellant V/s.

Smt. Nandita Niwas Mhatre And Ors.

...Respondents

Mr. Advait A. Kulkarni a/w Mr. Swapnil N. Kale, for the Applicants Mr. Avesh A. Ghadge i/by Mr. Akshay Kulkarni, for the AppellantInsurance Company. CORAM : SHYAM C. CHANDAK, J.

DATED : 04th APRIL, 2025 P.C. :- INTERIM APPLICATION NO. 6803 OF 2025 .

Heard.

2) Present Application filed by the Original Claimants seeking permission to withdraw the compensation amount. 3) Mr. Ghadge, learned Advocate for the Appellant opposed the Application.

4) The permission to withdraw the compensation amount is sought on the ground that the Applicants are undergoing financial hardship. The Applicant Nos.2 and 3 are minor. However, the Tribunal permitted the Applicant No.1 to receive the interest of the share on the 1/2

Manoj 6-IA-6803-2025.doc compensation amount of the Applicant Nos.2 and 3 which is invested fixed deposit.

5) In view thereof and considering the other grounds stated in the Application, the Applicant Nos.1, 4 and 5 are permitted to withdraw 50% of their share in the compensation amount alongwith proportionate interest subject to furnishing usual undertaking that in case the Appellant succeeds in this Appeal, the Applicant Nos.1, 4 and 5 would refund the said amount alongwith 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) Interim Application stands disposed of.

FIRST APPEAL NO. 1230 OF 2024 .

Stand over to 10th July, 2025.

(SHYAM C. CHANDAK, J.) 2/2