Shobha Sahebrao Deshmukh And Ors vs Tata Aig General Insurance ...
2022 Latest Caselaw 1406 Bom

                                                                 15-FAST-2657-2021.DOC
TRUPTI
SADANAND
BAMNE
Digitally signed by
TRUPTI
SADANAND
                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BAMNE                              CIVIL APPELLATE JURISDICTION
Date: 2022.02.09
22:00:06 +0530
                               INTERIM APPLICATION NO. 1675 OF 2021
                                                 IN
                                 FIRST APPEAL (ST.) NO. 2657 OF 2021

                      Shobha Sahebrao Deshmukh and Anr.               ...Applicants
                               Versus
                      TATA AIG General Insurance Company
                      Limited and Another                             ...Respondents
                                                ......
                      Ms.Varsha Chavan for the Applicants.
                      Mr. Nikhil Mehta i/b. KMC Legal Venture for the Original
                      Appellant/ Insurance Company.
                                                ......
                                           CORAM:         V.G.BISHT, J.

                                           DATE:          9th February, 2022
                      PC:-                                (Through Video
                                                          Conferencing )

1. The applicants have moved this application for

withdrawal of amount deposited by the original appellant

pursuant to the judgment and award dated 7 th November,

2020 passed by the learned Member, MACT, Mumbai in

Motor Accident Claim Petition No. 1729 of 2014.

2 Heard learned counsel for both the parties. Learned

counsel for original appellant has objected the

application.

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                                                   15-FAST-2657-2021.DOC




3        In view of submissions made by learned counsel for

the applicants, applicants are allowed to withdraw 60% of

the compensation amount as per the judgment and award

and apportionment made in para 3 of the Order dated 7 th

November, 2020 passed in Claim Petition No.1729 of

2014. The applicants are directed to give an undertaking

of returning the said amount to be withdrawn in the

event of appeal being allowed with prevailing rate of

interest.

4 The statutory amount of Rs.25,000/- deposited in

this Court at the time of fling of Appeal shall be

transferred to the Motor Accident Claims Tribunal,

Mumbai. Rest of the amount to be deposited in the

nationalized bank.

5 Interim Application is allowed and accordingly

disposed of.

6 Place the First Appeal for 'Admission' on 16th March, 2022.

                                             (V.G.BISHT, J. )




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