Reliance General Insurance Co.Ltd., Mumbai v. Laxmi Manikram Paswan And ORS.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 14477 OF 2024 WITH INTERIM APPLICATION NO. 14478 OF 2024 IN FIRST APPEAL (ST) NO. 28546 OF 2024 Reliance General Insurance Co. Ltd. ...Appellant vs.
Laxmi Manikram Paswan And Ors.
...Respondents
WITH INTERIM APPLICATION NO. 1451 OF 2025 IN FIRST APPEAL (ST) NO. 28546 OF 2024 Laxmi Manikram Paswan And Ors.
...Applicants
IN THE MATTER BETWEEN
Reliance General Insurance Co. Ltd. ...Appellant vs.
Laxmi Manikram Paswan And Ors.
...Respondents
Ms. Ketaki Ghokhale i/b Ms. Shalini Shankar, for the Applicant in IA Nos. 14477 of 2024 and 14478 of 2024.
Mr. T. J. Mendon i/b Mr. T. R. Kale, for Applicant in IA No. 1451 of 2025.
CORAM : SHYAM C. CHANDAK, J.
DATED : 4th MARCH, 2025.
REKHA PRAKASH PATIL 1/4 by REKHA PRAKASH PATIL Date: 2025.03.06 18:39:49 +0530
P. C. :
INTERIM APPLICATION NO. 1451 OF 2025 .
The present application is filed by the original claimants seeking for withdrawal of the compensation amount. Heard learned Advocate for the applicants and the respondent-original appellant.
The applicants are the legal representatives of the deceased Manikaram Paswan, who died in the accident in question. As stated in the application, the applicants were completely depending upon the income of the deceased.
In view thereof, the applicants are permitted to withdraw 50% 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 applicants 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.
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Application stands disposed of accordingly.
INTERIM APPLICATION NO. 14477 OF 2024 .
Present application is seeking condonation of delay in filing the aforesaid Appeal. But, the office notings shows that the Appeal is filed in time. Hence, no order is required on this application.
The Application stands disposed of, accordingly. INTERIM APPLICATION NO. 14478 OF 2024 .
By way of this application, the applicant/original appellant seeking stay to the impugned judgment and order dated 19th June, 2024 passed by the Learned Member, Motor Accident Claims Tribunal, Mumbai in Motor Accident Claims Petition No. 940 of 2020.
Learned Counsel for the applicant submits that the applicant has deposited entire compensation amount alongwith interest in compliance with the order passed by this Court on 12th 3/4
November, 2024. The original claimants are permitted to withdraw 50% of the deposited amount alongwith accrued interest.
In view thereof, application is allowed in terms of prayer clause (a).
Application stands disposed of accordingly.
[SHYAM C. CHANDAK, J.] 4/4