Reliance General Insurance ... vs Reshma Tanaji Lohakare And Anr
2021 Latest Caselaw 17020 Bom

                                                                                    13-ia-2400-2021.doc




                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CIVIL APPELLATE JURISDICTION

                                             INTERIM APPLICATION NO.2400 OF 2021
                                                              IN
                                              FIRST APPEAL (ST.) NO.12336 OF 2021

                      Reliance General Insurance Co. Ltd.               ...Applicant/Appellant
                                 vs.
                      Reshma Tanaji Lohakare and Anr.                        ...Respondents

VISHAL                Mr. Pandit Kasar, for the Applicant/Appellant
SUBHASH               Ms. Varsha Chavan, for the Respondent No. 1.
PAREKAR
Digitally signed by
                                                     CORAM :   N. J. JAMADAR, J.
VISHAL
SUBHASH                                              DATE :    DECEMBER 07, 2021
PAREKAR
Date: 2021.12.07
18:31:02 +0530
                      P.C.:

                      .       Heard the learned counsel for the applicant.

                      2.      The learned counsel for the applicant seeks leave to withdraw

                      the application as there is no delay in preferring the appeal, if the

                      period of pandemic is excluded from the computation.

                      3.      In view of the aforesaid submission, the application for delay

                      stands disposed of as withdrawn.

                      4.      Heard the learned counsel for the applicant and the learned

                      counsel for the respondent No.1/ insurer.

                      5.      This application is preferred seeking permission to withdraw

                      the amount of compensation deposited by the respondent No. 1 in

                      terms of judgment and award dated 15 th January, 2021 passed in

                      MACP No. 1334 of 2015 passed by the learned Member, MACT,



                      Vishal Parekar, P.A.                                                         ...1
                                                             13-ia-2400-2021.doc




Mumbai.

6.      The learned counsel for the respondent resisted the prayer for

withdrawal.

7.      Having regard to the nature of the injuries suffered by the

applicant, it may be expedient to allow the applicant to withdraw

60% of the amount of compensation deposited by the respondent/

insurer subject to usual undertaking.

        Hence, the following order.



                                 ORDER

1]      The application stands allowed.

2]      The applicant is permitted to withdraw 60% of the amount of

compensation deposited by the respondent/insurer along with

interest accrued thereon, subject to furnishing an undertaking

before the Tribunal to bring back the amount in the event the

appeal is allowed and it is held that the applicants-claimants are not

entitled to the compensation.

3] The application stands disposed of.

                                          (N. J. JAMADAR, J.)




Vishal Parekar, P.A.                                                       ...2