Icici Lombard General Insurance Company Ltd. v. Mrs. Shagufta Farooqui Dhillon And ANR.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 14501 OF 2024 IN FIRST APPEAL (STAMP) NO. 31932 OF 2024 ICICI Lombard General Insurance Company Limited ... Applicant
Versus
Shagufta Farooqui Dhillon & anr.
... Respondents WITH INTERIM APPLICATION NO. 1443 OF 2025 WITH INTERIM APPLICATION NO. 14500 OF 2024 IN FIRST APPEAL (STAMP) NO. 31932 OF 2024 Shagufta Farooqui Dhillon ... Applicant
Versus
Vikram Manohar Vaigankar & anr.
... Respondents Ms. Varsha Chavan, Advocate, for the Applicant in I. A. Nos. 14501 and 14500 of 2024 Mr. T. J. Mendon, Advocate, for the Applicant in I. A. No. 1443 of 2025 CORAM : SHYAM C. CHANDAK, J.
DATE : 12th FEBRUARY, 2025 P.C. :
INTERIM APPLICATION NO. 14501 OF 2024 The present Application is seeking for stay to the impugned the Judgment and Award dated 24th April, 2024 passed in MACT Application No. 457 of 2021.
1/3
2.
Learned counsel for the Applicant - Insurance Company stated that the Order dated 24th April, 2024 has been complied with by depositing the entire compensation amount alongwith interest. In view thereof, interim stay granted by the said Order is confirmed till the final disposal of the Appeal.
3.
Interim Application No. 14501 of 2024 is allowed in terms of prayer clause (a) and stands disposed of.
INTERIM APPLICATION NO. 1443 OF 2025 The present Application is seeking to allow the Applicant/Claimant to withdraw the compensation amount deposited by the Appellant with the Motor Accident Claims Tribunal.
2.
The accident is of the year 2021. The Applicant was injured and suffered substantial disability with respect to the right hand which was her prominent hand. The Applicant has spent huge amount on her medical expenses. The Appeal would take time for final hearing and disposal.
3.
In view of the above and considering the other facts of the case, the Applicant/Claimant is permitted to withdraw Rs.20,00,000/- 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 2/3
interest as would be directed by this Court. The Tribunal shall invest the balance amount with Nationalized Bank giving highest interest from time to time.
4.
The statutory amount deposited in this Court shall be transferred to the Tribunal.
5.
Interim Application No. 1443 of 2025 stands disposed of in the aforesaid terms.
I. A. NO. 14500 OF 2024 Issue notice to the Respondents returnable on 29th April, 2025. 2.
The Applicant to furnish copies of the Appeal/Application to the Registry for issuance of notice to the Respondents. (SHYAM C. CHANDAK, J.) 3/3