Mrs. Sneha Santosh Jalgavkar And ORS. v. The United India Insurance Company Ltd. Ratnagiri
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 16006 OF 2023 WITH INTERIM APPLICATION NO. 16007 OF 2023 IN FIRST APPEAL (ST.) NO. 3632 OF 2023 The United India Insurance Co. Ltd., Ratnagiri .... Appellant V/s.
Mrs. Sneha Santosh Jalgavkar and Ors.
.... Respondents WITH INTERIM APPLICATION NO. 1528 OF 2025 IN FIRST APPEAL (ST.) NO. 3632 OF 2023 Sneha Santosh Jalgavkar and Ors.
.... Applicants In the matter between :- The United India Insurance Co. Ltd., Ratnagiri .... Appellant V/s.
Mrs. Sneha Santosh Jalgavkar and Ors.
.... Respondents Mr. Nikhil Mehta (through VC) i/b. KMC Legal Venture for the Appellant. Mr. Shreyas Butala for the Applicants in IA/1528/2025 and for the Respondents in Appeal.
CORAM : SHYAM C. CHANDAK, J.
DATED : 02nd APRIL, 2025 P.C. :- ORDER IN INTERIM APPLICATION NO. 16006 OF 2023 :- .
Heard learned Advocate for the respective parties. 2) Present Application seeking condonation of delay of 156 days in filing the aforesaid Appeal.
3) The learned Advocate for Respondent Nos.1 to 3 has no objection to condone the delay. Respondent No.4 is deleted and 1/3
Respondent No.5 is duly served but he did not file his appearance. 4) In view thereof and considering the reasons stated in the Application, the delay of 156 days in filing the aforesaid Appeal, is condoned. Appeal be registered.
5) Interim Application stands disposed of.
ORDER IN INTERIM APPLICATION NO. 16007 OF 2023 :- 6) In view of the statement made by Mr. Mehta, learned Advocate that the entire amount of compensation as per the impugned Judgment and Award has been deposited by the Applicant/Appellant with the Tribunal along with accrued interest, the Interim Application is allowed in terms of prayer clause (a).
7) Interim Application stands disposed of.
ORDER IN INTERIM APPLICATION NO.1528 OF 2025 :- 8) Present Application filed by the Applicants/Original Claimants seeking withdrawal of the compensation amount along with accrued interest.
9) The Application is opposed by the learned Advocate for the Appellant.
10) The withdrawal is sought on the ground that the Applicants are required to meet their education, domestic and other expenses. The accident occurred in the year 2018. Since then, the Applicants have been waiting for the compensation amount.
11) In view thereof and considering the grounds stated in the 2/3
Application, the Applicant Nos.1 to 3 are permitted to withdraw 50% of the compensation amount of their share along with proportionate interest accrued thereon, subject to furnishing usual undertaking that in case the Appellant succeeds in this Appeal, the Applicant Nos.1 to 3 would refund the said amount along with interest as would be directed by this Court. The Tribunal shall invest the remaining compensation amount with nationalized bank giving highest interest from time to time. 12) Interim Application stands disposed of.
(SHYAM C. CHANDAK, J.) PREETI HEERO JAYANI PREETI HEERO JAYANI Date: 2025.04.03 18:03:30 +0530 3/3