Bombay High Court
Mrs. Kokila Surender Jhingan vs National Insurance Co.Ltd. And ... on 25 March, 2021
Bench: P. K. Chavan
19-IA-4223-2019.doc
Shailaja
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO.4223 OF 2019
IN
FIRST APPEAL NO.190 OF 2020
Kokila Surender Jhingan ] Applicant
Vs.
National Insurance Co. Ltd. and others. ] Respondents
.....
Mr. S.S. Vidyarthi i/b Ruchika Dave, for Applicant.
Mr. Amol Gatne, for Respondent No.1-Insurer.
.....
CORAM : PRITHVIRAJ K. CHAVAN, J.
DATE : 25th MARCH, 2021.
P.C.
1. This is an application seeking withdrawal of the entire
amount of compensation awarded by learned Member, M.A.C.T,
Mumbai vide judgment and award dated 14th March, 2018
passed in M.A.C.P. No.625 of 2010.
2. Heard Mr. Vidyarthi, learned Counsel for the applicant.
3. Justifying the withdrawal of the entire amount of
compensation, Mr. Vidyarthi has pressed into service following
case laws;
Shailaja S. Digitally signed by Shailaja
S. Halkude
Halkude Date: 2021.03.26 11:44:50
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19-IA-4223-2019.doc
[1] National Insurance Company Limited Vs.
Rekhaben and others, (2017) 13 Supreme
Court Cases 547;
[2] United India Insurance Co. Ltd. Vs. Sugra
Riyaz Varawalla and others and
[3] Rukmani D+evi and others Vs. Om Prakash
and others, 1991.
4. Mr. Gatne, learned Counsel for the respondent-insurer,
however, submits that even though the appeal is only on the
ground of quantum, he has a good case on merits and, therefore,
objects for withdrawal of the amount of compensation.
5. Having considered the reasons stated in the application and
objection raised by learned Counsel for the respondent, at this
stage, the applicant is permitted to withdraw 70% of the amount
of compensation with accrued interest, upon furnishing an
undertaking at the time of withdrawing the amount of
compensation before the Tribunal that if the respondent-insurer
succeeds in the appeal, she will refund the amount with interest at
such rate as would be directed by this Court depending upon the
outcome of the first appeal.
6. If the applicant does not file an undertaking at the time of
withdrawing the amount of compensation, the amount deposited
by the respondent-insurer shall be invested by the M.A.C.T in the
fixed deposit of a Nationalized Bank for a period of one year and
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19-IA-4223-2019.doc
thereafter for one more year again after obtaining an order from
this Court.
7. If 70% 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.
8. The application stands disposed of.
[PRITHVIRAJ K. CHAVAN, J.]
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