Smt. Shakuntala Ratnakar Kulkarni And ANR. v. The New India Assurance Co. Ltd., Pune

P.H. Jayani 08(C) IA3919.2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3919 OF 2025 IN FIRST APPEAL NO. 199 OF 2021 Smt. Shakuntala Ratnakar Kulkarni .... Applicant In the matter between :- The New India Assurance Co. Ltd., Pune ....Appellant V/s.

Smt. Shakuntala Ratnakar Kulkarni and anr.

.... Respondents Mr. D.S. Joshi for the Appellant.

Mr. Rajesh More for Respondent No.1 and for the Applicants in IA/3917/2025, IA/3918/2025 and IA/3919/2025.

Mr. Pavan Patil a/w. Adv. Shubhankar Kulkarni for Respondent No.2 in all Appeals.

CORAM : SHYAM C. CHANDAK, J.

DATED : 25th APRIL, 2025 P.C. :- .

Heard learned Advocate for the parties.

2) Present Application filed by the Original Claimant seeking permission to withdraw the entire amount of compensation. 3) Mr. Joshi, learned Advocate for the Appellant opposed the Application.

4) The withdrawal is sought on the ground that the Applicant/ Claimant is an old lady. She is in need of money for her day-to-day expenses. The accident occurred in the year 2012. Since then, the Claimant is waiting for the compensation amount.

5) In view thereof, and considering the other reasons stated in 1/2

P.H. Jayani 08(C) IA3919.2025.doc the Application, the Applicant is permitted to withdraw 50% of the compensation amount 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 remaining amount of compensation with nationalized bank giving highest interest from time to time.

6) Interim Application stands disposed of.

PREETI HEERO JAYANI (SHYAM C. CHANDAK, J.) PREETI HEERO JAYANI Date: 2025.04.30 19:33:35 +0530 2/2