Sristha Devi Pralhad Singh And Ors vs Oriental Insurance Company ...
2021 Latest Caselaw 14499 Bom

                                                                                 9-fa-28-2021.doc




                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION

                                      INTERIM APPLICATION NO.2678 OF 2021
                                                     WITH
                                      INTERIM APPLICATION NO.3836 OF 2020
                                                      IN
                                          FIRST APPEAL NO.28 OF 2021

VISHAL             Shristha Devi Pralhad Singh and Others               ...Applicants
SUBHASH                 vs.
PAREKAR            Oriental Insurance Co.Ltd., Mumbai and Others        ...Respondents
Digitally signed
by VISHAL
SUBHASH
PAREKAR
                   Mr. Amol Gatane i/b. Mrs. Swati Mehta, for the applicant in I.A.No.
Date: 2021.10.06
15:16:24 +0530
                   2678 of 2021.
                   Ms. S.S. Dwivedi, for the Appellant.

                                              CORAM :   N. J. JAMADAR, J.
                                              DATE :    OCTOBER 05, 2021

                   P.C.:

                   .       Heard the learned counsel for the applicants-original claimant

                   and the respondent No. 1, the appellant/insurer in Interim

                   Application No. 2678 of 2021.



                   2.      This application is preferred seeking permission to withdraw

                   the amount of compensation deposited by the insurer in terms of

                   the judgment and award dated 14th February, 2020 in MACP No.

                   356 of 2018 passed by the learned Member, MACT, Pune.



                   3.      The learned counsel for the respondent No. 1-insurer resisted

                   the prayer on the ground that the insurer has raised substantive


                   Vishal Parekar, P.A.                                                      ...1
                                                                     9-fa-28-2021.doc




grounds to challenge the legality and correctness of the impugned

award.



4.      The       grounds   raised   by   the   appellant-insurer   can      be

legitimately considered at the fnal hearing and adjudication of the

appeal. At this stage, the claim of the applicant that they are in

need of the amount can hardly be contested. Hence, he application

deserves to be partly allowed. Thus, the following order.



                                     ORDER

1] The application stands partly allowed.

2] The applicants are entitled to withdraw 50% of the amount

deposited by the insurer/appellant along with interest accrued

thereon subject to furnishing an undertaking before the learned

Member, MACT, Pune to bring back the amount in the event the

appeal is allowed and it is held that the applicants-claimant are not

entitled to the compensation.

3] Liberty to the applicants to fle application for withdrawal of

more amount in the event of necessity.

4] The application stands disposed of.

                                                (N. J. JAMADAR, J.)


Vishal Parekar, P.A.                                                            ...2