Vidhya Rajendra Madane And Ors vs Icici Lombard General Insurance ...
2022 Latest Caselaw 1665 Bom

                                                                             22-IA-640-2022.doc




                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                         CIVIL APPELLATE JURISDICTION

                                      INTERIM APPLICATION NO.640 OF 2022
                                                      IN
                                          FIRST APPEAL NO.638 OF 2016

                      VIDHYA RAJENDRA MADANE AND ORS.                 )...APPLICANTS

                               V/s.

                      ICICI LOMBARD GENERAL INSURANCE CO. )
                      LTD. THROUGH ITS AUTHORIZED         )
                      REPRESENTATIVE MR.PRATHAMESH DINDE )...RESPONDENT


                      Mr.Pritesh Bohade, Advocate for the Applicant.
                      Ms.Nitika Singh i/b. Res Juris, Advocate for the Respondent.


                                                     CORAM      : V. G. BISHT, J.

                                                     DATE       : 17th 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 27th April 2015 passed by the learned

Member, MACT, Satara in Motor Accident Claim Petition No.180

of 2012.

ARTI
VILAS
KHATATE
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Digitally signed by
ARTI VILAS
KHATATE
Date: 2022.02.17
17:12:52 +0530
                                                        22-IA-640-2022.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 no.2 of the order dated 27 th

April 2015 in Motor Accident Claim Petition No.180 of 2012.

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said amount to be withdrawn in the event of appeal being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.

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                                                      22-IA-640-2022.doc




6     Place the First Appeal for Admission on 21st March 2022.



                                        (V. G. BISHT, J.)




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