Tata Aig General Insurance Co. Ltd. Mumbai v. Meenakshi Vikram Karandikar And ORS.
HEMANT CHANDERSEN SHIV HEMANT CHANDERSEN SHIV Date: 2025.03.18 18:40:32 +0300
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.1062 OF 2025 WITH INTERIM APPLICATION NO.1063 OF 2025 IN FIRST APPEAL STAMP NO. 909 OF 2025 TATA AIG General Insurance Co. Ltd.
...Applicant/Appellant vs.
Meenakshi Vikram Karandikar & Ors.
...Respondents
WITH INTERIM APPLICATION NO.3612 OF 2025 IN FIRST APPEAL STAMP NO. 909 OF 2025 Meenakshi Vikram Karandikar & Ors.
...Applicants In the matter between TATA AIG General Insurance Co. Ltd.
...Appellant vs.
Meenakshi Vikram Karandikar & Ors.
...Respondents
Mr. Devendranath S. Joshi for the Applicants/Appellants. Mr. T. J. Mendon for the Respondent Nos.1 to 3-claimants. None for Respondent No.4.
CORAM : SHYAM C. CHANDAK, J.
DATED : 12th MARCH, 2025.
P. C. :
INTERIM APPLICATION NO.1062 OF 2025 Present Application seeks condonation of 160 days delay in filing the aforesaid Appeal.
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2) No statutory defence is available to the Applicant/ Appellant against the Respondent No.4 in this case. In view thereof, notice to the Respondent No.4 is dispensed with. 3) The delay is not huge. Learned Advocate for Respondent Nos.1 to 3 has not seriously disputed the Application. 4) In view thereof and for other reasons stated in the Application, the delay of 160 days is condoned. Appeal be registered. 5) Application is disposed of accordingly.
INTERIM APPLICATION NO.1063 OF 2025 Mr.Joshi, learned Advocate for the Applicant stated that the order dated 23rd January 2025, is complied with by depositing the entire compensation amount along with accrued interest. 2) In view thereof, Application is allowed in terms of prayer clause (a).
3) Application is disposed of accordingly.
INTERIM APPLICATION NO.3612 OF 2025 Present Application seeks permission to withdraw the compensation amount.
2) Heard.
3) Learned Advocate for the Applicants-claimants stated 2/3
that all the Applicants were depending on the income of the deceased. The accident occurred in the year 2020 and since then, the Applicants have been waiting for the compensation amount. 4) In view thereof and considering other reasons stated in the Application, the Applicants are permitted to withdraw 50% of the compensation amount of their share with proportionate interest subject to furnishing an 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 Nationalised bank giving highest interest from time to time.
5) Application is disposed of accordingly.
FIRST APPEAL STAMP NO. 909 OF 2025 Stand over to 24th March 2025.
[SHYAM C. CHANDAK, J.] 3/3