Ganesh Arjun Shinde v. Sbi General Insurance Company Limited, Mumbai And ANR.

P.H. Jayani 25 IA1681.2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 8507 OF 2024 IN FIRST APPEAL NO. 703 OF 2024 SBI General Insurance Co. Ltd.

.... Appellant V/s.

Shri. Ganesh Arjun Shinde and anr.

.... Respondents WITH INTERIM APPLICATION NO. 1681 OF 2025 IN FIRST APPEAL NO. 703 OF 2024 Ganesh Arjun Shinde .... Appellant V/s.

S.B.I. General Insurance Co. Ltd. and ors.

.... Respondents Mr. T.J. Mendon for the Applicant in IA/1681/2025. Ms. Shalini Shankar for the Applicant in IA/8507/2024. CORAM : SHYAM C. CHANDAK, J.

DATED : 10th FEBRUARY, 2025 P.C. :- ORDER IN INTERIM APPLICATION NO. 8507 OF 2024 :- .

Ms. Shalini Shankar, learned Advocate for the Appellant states that in view of the Order dated 03rd May 2024, the Appellant-Insurance Company has deposited entire amount with interest before MACT, Mumbai.

2) In the light of the said statement, execution and implementation of the impugned Judgment and Award dated 17th February 2024 passed by the learned Member, MACT, Mumbai in MACP 1/2

P.H. Jayani 25 IA1681.2025.doc No.148/2017 is stayed till final disposal of the Appeal. 3) Interim Application No. 8507 of 2024 stands disposed of. ORDER IN INTERIM APPLICATION NO. 1681 OF 2025 :- 4) Learned Advocate for the Applicant/Original Claimant submits that the Applicant/Claimant may be permitted to withdraw the compensation amount deposited by the Appellant with the Motor Accident Claims Tribunal.

5) In view of the above and considering the other facts of the case, the Applicant/Claimant is permitted to withdraw 50% 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 50% 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.

6) Interim Application No.1681 of 2025 stands disposed of. ORDER IN FIRST APPEAL NO. 703 OF 2024 :- 7) List the Appeal on 17th February, 2025 at 02:30 p.m. PREETI HEERO JAYANI (SHYAM C. CHANDAK, J.) PREETI HEERO JAYANI Date: 2025.02.13 11:17:34 +0530 2/2