Reliance General Insurance Co. Ltd. v. Pravin Abdul Shaikh And ORS.
WAKLE MANOJ JANARDHAN WAKLE MANOJ JANARDHAN Date: 2025.04.25 18:19:15 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3580 OF 2025 IN FIRST APPEAL NO. 605 OF 2025 WITH FIRST APPEAL NO. 605 OF 2025 Reliance General Insurance Co. Ltd.
...Applicant V/s.
Parvin Abdul Shaikh And Ors.
...Respondents
WITH INTERIM APPLICATION NO. 7483 OF 2025 IN FIRST APPEAL NO. 605 OF 2025 Parvin Abdul Shaikh And Ors.
...Applicants V/s.
Reliance General Insurance Co. Ltd.
...Respondent
Mr. Amol A. Gatne, for the Applicants in IA/7483/2025 and Respondents in FA/604/2025.
Mr. Avesh A. Ghadge i/by Mr. Akshay Kulkarni, for the Respondent in IA/7483/2025 and Appellant in FA/604/2025.
CORAM : SHYAM C. CHANDAK, J.
DATED : 23rd APRIL, 2025 P.C. :- INTERIM APPLICATION NO. 3580 OF 2025 Not on board taken on bard.
Heard.
3) Mr. Ghadge, the learned Advocate for the Appellant/Applicant states that, as per the interim stay Order dated 11th March 2025, the 1/3
Applicant has deposited the entire compensation amount alongwith accrued interest with Motor Accident Claims Tribunal, Pune. 4) In view thereof, the Application is allowed in terms of prayer clause (b) and stands disposed of.
INTERIM APPLICATION NO. 7483 OF 2025 Heard.
Present Application filed by the Original Claimants seeking permission to withdraw entire compensation amount alongwith accrued interest.
3) Mr. Ghadge, the learned Advocate for the Appellant opposed the Application.
4) The withdrawal is sought on the ground that, after the accidental death of the deceased, the Applicants are facing great financial difficulties. The accident occurred in the 2020. The Applicants are waiting for the compensation amount since the date of filing of the claim. 5) The Applicant Nos.2 and 3 are minor.
6) In view thereof and considering the other grounds stated in the Application, the Applicant No.1 is permitted to withdraw 25% of her share in the compensation amount alongwith proportionate interest and Applicant Nos.4 and 5 are permitted to withdraw 50% of their share in the compensation amount alongwith proportionate interest subject to furnishing usual undertaking that in case the Appellant succeeds in this Appeal, the Applicant Nos.1, 4 and 5 would refund the said amount 2/3
alongwith interest as would be directed by this Court. The Tribunal shall invest remaining amount with nationalized bank giving highest interest from time to time.
7) Application is disposed of, accordingly.
FIRST APPEAL NO. 605 OF 2025 Call for Record and Proceedings.
Stand over to 5th August, 2025.
(SHYAM C. CHANDAK, J.) 3/3