Icici Lombard General Insurance Company Ltd Mumbai v. Vishvanath Chandrakant Gurav And ANR.
Anand
28. IA 14504-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 14504 OF 2024 IN FIRST APPEAL (STAMP) NO. 31089 OF 2024 ICICI Lombard General Insurance Co. Ltd.
... Applicant
Versus
Vishwanath Chandrakant Gurav & anr.
... Respondents WITH INTERIM APPLICATION NO. 1747 OF 2025 IN FIRST APPEAL (STAMP) NO. 31089 OF 2024 Vishwanath Chandrakant Gurav ... Applicant
IN THE MATTER OF
ICICI Lombard General Insurance Co. Ltd.
... Appellant
Versus
Vishwanath Chandrakant Gurav & anr.
... Respondents Mr. Rajesh Kanojia i/b. Res Juris, Advocate, for the Applicant in I. A. No. 14504 of 2024 Mr. Vasant N. More, Advocate, for the Applicant No. 1 in I. A. No. 1747 of CORAM : SHYAM C. CHANDAK, J.
DATE : 12th FEBRUARY, 2025 P.C. :
INTERIM APPLICATION NO. 14504 OF 2024 .
Issue notice to the Respondents returnable on 22nd April, 2025. The Applicant shall supply copies of the Appeal/Application to the Registry for issuance of notice to the Respondents. 1/2
Anand
28. IA 14504-2024.doc INTERIM APPLICATION NO. 1747 OF 2025 .
The present Application is seeking to allow the Applicant/Claimant to withdraw the entire compensation amount deposited by the Appellant with the Motor Accident Claims Tribunal.
2.
The accident is of the year 2016. The Applicant was injured in the said accident and suffered substantial disability. 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 25% 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 75% of the amount with Nationalized Bank giving highest interest from time to time. The statutory amount deposited in this Court shall be transferred to the Tribunal.
4.
Interim Application No. 1747 of 2025 stands disposed of in the aforesaid terms.
(SHYAM C. CHANDAK, J.) 2/2