Lahanubai Yashwantrao Thorat vs Tata Aig General Insurance ...
2022 Latest Caselaw 1407 Bom

                                                                         14-FA-48-2021.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
22:00:07 +0530
                               INTERIM APPLICATION NO. 1828 OF 2021
                                                IN
                                    FIRST APPEAL NO. 48 OF 2021

                      Lahanubai Yashwantrao Thorat                       ...Applicant

                               Versus

                      TATA AIG General Insurance Company
                      Limited & Anr.                                     ...Respondents

                                                ......
                      Ms. Varsha Chavan for the Applicant.
                      Mr. Nikhil Mehta i/v. KMC Legal Venture for the Original
                      Appellant/ Insurance Company.
                                                ......
                                             CORAM:         V.G.BISHT, J.

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

                      1.       The   applicant    has   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. 1730 of 2014.

2 Heard learned counsel for both the parties. Learned

counsel for original appellant has objected the

application.

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                                                    14-FA-48-2021.DOC




3        In view of submissions made by learned counsel for

the applicant, applicant is allowed to withdraw 60% of the

compensation amount as per the judgment and award

dated 7th November, 2020 passed in MACP No. 1730 of

2014. The applicant is 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returning the said amount to be withdrawn in the event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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