Smt. Tara Raghunath Mendon And Anr vs The Oriental Insurance Company ...
2021 Latest Caselaw 3291 Bom

                                                                        7-3161-2021-IAst=.doc


                       Uday S. Jagtap


                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CIVIL APPELLATE JURISDICTION

                                        INTERIM APPLICATION (ST.) NO. 3161 OF 2021
                                                           IN
                                              FIRST APPEAL NO. 1156 OF 2018

                       Tara Raghunath Mendon & Anr.                     .. Applicants
                             In the matter between
                       The Oriental Insurance Co. Ltd.                  .. Appellant
                             V/s.
                       Tara Raghunath Mendon & Ors.                     .. Respondents

                                                        .....
                       Mr. T. J. Mendon for the applicants
                       Mr. Sanjay Ghaisas i/b Mr. D.S. Joshi for the appellant / respondent
                       in IA(st.) No.3161/2021
                                                      CORAM : PRITHVIRAJ K. CHAVAN, J.

DATED : 22nd FEBRUARY, 2021 P.C.

1. By this application, the applicants seek to withdraw the amount of compensation with accrued interest deposited by the appellant - insurer in M.A.C.T. Mumbai.

2. The M.A.C.T., Mumbai by a judgment and award dated 18 th November, 2017 passed in M.A.C.P. No. 1171 of 2014 awarded compensation of Rs.7,10,000/- with interest at the rate of 7.5% p.a. to the claimants from the date of filing of the application till its realization.

3. Heard Mr. Mendon for the applicants. It is contended that the applicants were dependent on the income of the deceased. Digitally signed by Due to the death of the deceased in the accident they have lost the UDAY UDAY SHIVAJI SHIVAJI JAGTAP Date:

JAGTAP    2021.02.24
          12:52:53
          +0530



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                                                  7-3161-2021-IAst=.doc


support of their livelihood.      Due to such situation, they are

undergoing great deal of hardship and are not in a position to meet their day-to-day expenses.

4. Though the learned Counsel for the appellant has opposed withdrawal of the amount of compensation by contending that there is every chance of succeeding in the appeal, in the interest of justice and for the reasons stated in paragraph 4 of the application, the applicants are permitted to withdraw 50% of the amount of compensation with accrued interest. The applicants shall furnish an undertaking within two weeks that if the appellant - insurer succeeds in appeal, the applicants shall return the amount with interest at such rate as would be directed by this Court, depending upon the outcome of the first appeal.

5. If the applicants do not file an undertaking within the aforesaid period, the amount deposited by the appellant - insurer shall be invested by the M.A.C.T in a fixed deposit in any Nationalized Bank for a period of one year and thereafter for one more year again after obtaining order from this Court.

6. If 50% amount is withdrawn by the applicants, balance amount shall be invested by the M.A.C.T in a fixed deposit as stated above, in a Nationalized Bank.

7. The application stands disposed of.

(PRITHVIRAJ K. CHAVAN, J.)

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