United India Insurance Co. Ltd. v. Mr. Amit Vasudeo Gawali And ANR.
P.H. Jayani 18 IA13688.2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 13688 OF 2024 WITH INTERIM APPLICATION NO. 13690 OF 2024 IN FIRST APPEAL (ST.) NO. 26239 OF 2024 United India Insurance Co. Ltd.
.... Appellant V/s.
Mr. Amit Vasudeo Gawali and anr.
.... Respondents WITH INTERIM APPLICATION NO. 1680 OF 2025 IN FIRST APPEAL (ST.) NO. 26239 OF 2024 Mr. Amit Vasudeo Gawali ..... Applicant In the matter between :- United India Insurance Co. Ltd.
.... Appellant V/s.
Mr. Amit Vasudeo Gawali and anr.
.... Respondents Ms. Varsha Chavan for the Applicant in IA/13688/2024 and IA/13690/2024.
Ms. Sarika Kamble for the Applicant in IA/1680/2025. CORAM : SHYAM C. CHANDAK, J.
DATED : 10th FEBRUARY, 2025 P.C. :- ORDER IN INTERIM APPLICATION NO. 13688 OF 2024 :- .
Service report in respect of notice issued to the Respondent No.2, is awaited.
2) Stand over to 04th March, 2025.
ORDER IN INTERIM APPLICATION NO. 1680 OF 2025 :- 3) Learned Advocate for the Applicant/Original Claimant submits that the Applicant/Claimant may be permitted to withdraw the 1/2
P.H. Jayani 18 IA13688.2024.doc compensation amount deposited by the Appellant with the Motor Accident Claims Tribunal.
4) Ms. Varsha Chavan, learned Advocate for the Appellant states that the Appellant has deposited Rs.28,44,276/- before the MACT, Mumbai which is inclusive of the interest.
5) The accident is of the year 2013. The Applicant was injured in the said accident and suffered substantial disability. The Appeal would take time for final hearing and disposal.
6) In view of the above and considering the other facts of the case, the Applicant/Claimant is permitted to withdraw 50% of the compensation amount along 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 50% of the amount with Nationalised bank giving highest interest from time to time. The statutory amount deposited in this Court shall be transferred to the Tribunal.
7) Interim Application No.1680 of 2025 stands disposed of in the aforesaid terms.
PREETI HEERO JAYANI by PREETI HEERO JAYANI Date: 2025.02.11 10:22:28 +0530 (SHYAM C. CHANDAK, J.) 2/2