Smt.Sushama Raghunath Mendon vs The Oriental Insurance Company ...
2021 Latest Caselaw 3294 Bom

                                                                        11-3162-2021-IAst=.doc


                       Uday S. Jagtap


                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CIVIL APPELLATE JURISDICTION

                                        INTERIM APPLICATION (ST.) NO. 3162 OF 2021
                                                           IN
                                              FIRST APPEAL NO. 1155 OF 2018


                       Sushama Raghunath Mendon                         .. Applicant

                                In the matter between

                       The Oriental Insurance Co. Ltd.                  .. Appellant

                                V/s.

                       Sushama Raghunath Mendon & Anr.                  .. Respondents

                                                        .....
                       Mr. T. J. Mendon for the applicants
                       Mr. Sanjay Ghaisas i/b Mr. D.S. Joshi for the appellant - insurer


                                                         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 judgment and award dated 18 th November, 2017 passed in M.A.C.P. No. 1170 of 2014 awarded compensation of Rs.4,74,550/- with interest at the rate of 7.5% p.a. to the claimants from the date of filing of the application till its

Digitally realization.

          signed by
          UDAY
UDAY      SHIVAJI
SHIVAJI   JAGTAP
          Date:
JAGTAP    2021.02.24
          12:52:51
          +0530



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                                                  11-3162-2021-IAst=.doc




3.    Heard Mr. Mendon for the applicants.       It is contended that

due to the accident the applicant had sustained serious injuries, which has resulted into permanent partial disability. It is submitted that the applicant had to undergo physiotherapy treatment and hospitalized for a considerable long time and was required to spend substantial amount towards medical and hospital expenses. Due to such situation, the applicant is undergoing great deal of hardship and not in a position to meet day-to-day expenses of herself.

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 applicant is permitted to withdraw 50% of the amount of compensation with accrued interest. The applicant shall furnish an undertaking within two weeks that if the appellant - insurer succeeds in appeal, the applicant 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 applicant does 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.

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6. If 50% amount is withdrawn by the applicant, 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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