Marcel David Adhav And Anr vs The Reliance General Insurance ...
2022 Latest Caselaw 1445 Bom

                                                      4-FA(ST)-1416-2021-IA(ST)-1418-2021-IA-603-2022.doc




                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                        CIVIL APPELLATE JURISDICTION

                                     INTERIM APPLICATION NO.603 OF 2022
                                                     IN
                                      FIRST APPEAL (ST) NO.1416 OF 2021

                      MARCEL DAVID ADHAV AND ANR.                           )...APPLICANTS

                                               IN THE MATTER OF

                      RELIANCE GEN. INSURANCE CO. LTD.                      )...APPELLANT
                           V/s.

                      MARCEL DAVID ADHAV AND ORS.                           )...RESPONDENTS

                      Mr.Amol Gatne, Advocate for the Applicants.

                      Ms.Kalpana Trivedi, Advocate for the Appellant.

                                                      CORAM : V. G. BISHT, J.

                                                      DATE          : 10th FEBRUARY 2022

                      P.C. :


                      1        The applicant has moved the application for withdrawal of

amount deposited by the original appellant pursuant to the

judgment and Award dated 21st August 2020 passed by the

learned Additional Member, MACT, Pune in Motor Accident

Claim Petition No.353 of 2017.

                      AVK                                                                        1/3

ARTI VILAS
KHATATE
Digitally signed by
ARTI VILAS KHATATE
Date: 2022.02.10
15:33:41 +0530

4-FA(ST)-1416-2021-IA(ST)-1418-2021-IA-603-2022.doc

2 Heard learned counsel for both the parties. Learned counsel

for the original appellant has objected the application.

3 In view of submissions made by the learned counsel for the

applicant, applicant is allowed to withdraw 50% of the

compensation amount as per the judgment and order and

apportionment made in paragraph nos.2 and 3 of the order dated

21st August 2020 in Motor Accident Claim Petition No.353 of

2017. 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returning the said amount to be withdrawn in the event of appeal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 filing of Appeal shall be transferred to the

Motor Accident Claims Tribunal, Mumbai. Rest of the amount to

be deposited in a nationalized bank.

5 Interim Application is allowed and stands disposed of

accordingly.

AVK 2/3 4-FA(ST)-1416-2021-IA(ST)-1418-2021-IA-603-2022.doc

6 Place the First Appeal for Admission on 7th March 2022.

                                            (V. G. BISHT, J.)




AVK                                                                      3/3