Oriental Insurance Company ... vs Mr. Raosaheb Jibhau Daitkar And ...
2021 Latest Caselaw 8068 Bom

P.H. Jayani                                               30 IAST10223.2021.doc

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIVIL APPELLATE JURISDICTION

                INTERIM APPLICATION (ST.) NO. 10223 OF 2021
                                     IN
                    FIRST APPEAL (ST.) NO. 19645 OF 2019

Raosaheb Jibhau Daitkar and ors.                     .... Applicants

In the matter between :-
The Divisional Officer, Oriental
Insurance Co. Ltd.                                   ..... Appellant
           v/s.
Raosaheb Jibhau Daitkar and ors.                     .... Respondents

                                       WITH
                        CIVIL APPLICATION NO. 2641 OF 2019
                                        IN
                       FIRST APPEAL (ST.) NO. 19645 OF 2019
                                       WITH
                       FIRST APPEAL (ST.) NO. 19645 OF 2019

The Divisional Officer, Oriental
Insurance Co. Ltd.                                   ..... Applicant
           v/s.
Raosaheb Jibhau Daitkar and ors.                     .... Respondents

Mr. Pritesh K. Bohade for the Applicants.
Mrs. S.S. Dwivedi for the Respondent.

                          CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 18th JUNE, 2021.

P. C. :-

ORDER IN INTERIM APPLICATION (ST.) NO. 10223 OF 2021 :-

. The Applicants who are the Original Claimants in Motor Accident

Claim Petition No.924/2017 filed before MACT, Nashik have sought

P.H. Jayani 30 IAST10223.2021.doc

leave to withdraw additional amount of compensation deposited by the

Appellant - Insurance Company in compliance with the Judgment and

Award dated 29/11/2018.

2. The Applicants were earlier allowed to withdraw compensation of

Rs.4,00,000/-. Considering the reasons stated in the Application,

Applicant Nos.1 and 2 are permitted to withdraw further amount of

Rs.1,00,000/- each with proportionate interest accrued thereon. The

Applicant No.3 is a minor. Hence, I am not inclined to allow

withdrawal on behalf of the minor - Applicant No.3. It is made clear

that the payment/withdrawal is 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 and

refund the money with interest, if so directed.

3. Interim Application (St.) No.10223 of 2021 stands disposed of.

ORDER IN CIVIL APPLICATION NO. 2641 OF 2019 :-

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

5. The Applicant herein has sought to condone the delay of 103

days in filing the Appeal. Having gone through the records and the

P.H. Jayani 30 IAST10223.2021.doc

reasons stated in the Application, which in my considered view,

constitute sufficient ground, delay is condoned. First Appeal be

registered, after office objections, if any, are removed.

6. Civil Application No.2641 of 2019 stands disposed of.

ORDER IN FIRST APPEAL (ST.) NO. 19645 OF 2019 :-

7. Not on board. With consent, taken on board. Heard. Admit. Mr.

Pritesh K. Bohade, learned counsel waives service on behalf of

Respondent Nos.1, 2 and 3. Issue notice to Respondent No.4,

returnable on 13/08/2021. Private service is permitted.

(SMT. ANUJA PRABHUDESSAI, J.)