Bajaj Allianz General Insurance ... vs Shri.Gulam Ahmed Tade Father Of ...
2021 Latest Caselaw 8714 Bom

P.H. Jayani                                                    24 IA650.2021.doc

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIVIL APPELLATE JURISDICTION

                       INTERIM APPLICATION NO. 650 OF 2021
                                        WITH
                         CIVIL APPLICATION NO. 4414 OF 2018
                                         IN
                        FIRST APPEAL (ST.) NO. 17357 OF 2017

Gulam Ahmed Tade and ors.                                         .... Applicants

In the matter between :-
Bajaj Allianz General Insurance Co. Ltd.                          .... Appellant
            v/s.
Gulam Ahmed Tade and ors.                                         .... Respondents

                                        WITH
                         CIVIL APPLICATION NO. 3733 OF 2017
                                        WITH
                         CIVIL APPLICATION NO. 3734 OF 2017
                                         IN
                        FIRST APPEAL (ST.) NO. 17357 OF 2017

Bajaj Allianz General Insurance Co. Ltd.                          .... Appellant
            v/s.
Gulam Ahmed Tade and ors.                                         .... Respondents

Ms. Amrin i/b. Avinash Gokhale for Applicants/
Orig. Respondent Nos.1 and 2.
Mrs. Yogita Deshmukh Chitnis for the Appellant - Insurance Company.

                                    CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 02nd JULY, 2021.

P. C. :-

ORDER IN INTERIM APPLICATION NO. 650 OF 2021 :-

1. This is an Application for withdrawal of compensation deposited

P.H. Jayani 24 IA650.2021.doc

by the Appellant - Insurance Company pursuant to the judgment and

award dated 31/08/2016 passed by the MACT, Mumbai in MACP

No.643/2009. By the impugned judgment, the Claims Tribunal has

awarded compensation of Rs.4,87,000/- with interest @ 7.5% p.a.

2. The Applicant are the parents of the deceased. They claim to be

senior citizens with no independent source of income. It is stated that

they are in dire need of money to meet their day-to-day expenses.

Having considered the grounds raised in the Appeal memo and reasons

stated in the Application, each of the Applicants are allowed to

withdraw 25% of the compensation with proportionate interest accrued

thereon. Suffice it to say that withdrawal shall be subject to the final

outcome of the Appeal. The Applicants shall give an undertaking

before the Tribunal that they shall abide by the order that may be

passed in the Appeal.

3. Interim Application No.650 of 2021 stands disposed of.

ORDER IN CIVIL APPLICATION NO.4414 OF 2018 :-

4. Not on board. With consent, taken on board.

5. Learned counsel for the Applicants, under instructions, seeks

P.H. Jayani 24 IA650.2021.doc

leave to withdraw the Application. Leave is granted. Civil Application

No.4414 of 2018 stands dismissed as withdrawn.

ORDER IN CIVIL APPLICATION NO.3734 OF 2017 :-

6. Not on board. With consent, taken on board.

7. Learned counsel for the Appellant states that the entire amount of

compensation has been deposited before the Tribunal. In the light of

said statement, execution and implementation of the impugned

judgment and award dated 31/08/2016 is stayed till the disposal of the

Appeal.

8. Civil Application No.3734 of 2017 stands disposed of.

ORDER IN CIVIL APPLICATION NO.3733 OF 2017 :-

9. Not on board. With consent, taken on board.

10. Ms. Amrin Khan, learned counsel waives service on behalf of

Respondent Nos.1 and 2. Notice issued to Respondent Nos.3 returned

unserved with an endorsement 'left the premises'. Applicants to take

steps before the next date.

11. Stand over to 13/08/2021.

(SMT. ANUJA PRABHUDESSAI, J.)