Shamim Bano Siddhik Saiyad And Ors vs Shriram General Insurance ...
2022 Latest Caselaw 1666 Bom

                                                                           13-FA-477-2021.doc




                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                      CIVIL APPELLATE JURISDICTION

                                       FIRST APPEAL NO.477 OF 2021

                      SHRIRAM GENERAL INSURANCE COMPANY )
                      LIMITED THROUGH DIVISIONAL OFFICER )...APPELLANT

                            V/s.

                      SHAMIM BANO SIDDHIK SAIYAD AND ORS. )...RESPONDENTS


                                                   WITH

                                   INTERIM APPLICATION NO.3289 OF 2021
                                                   IN
                                       FIRST APPEAL NO.477 OF 2021

                      SHAMIM BANO SIDDHIK SAIYAD AND ORS. )...APPLICANT

                            V/s.

                      SHRIRAM GENERAL INSURANCE COMPANY )
                      LIMITED THROUGH DIVISIONAL OFFICER )...RESPONDENT


                      Mr.Pandit Kasar, Advocate for the Appellant.
                      Mr.Pritesh Bohade, Advocate for the Applicant in I.A.No.3289 of
                      2021 and respondent in F.A.No.477 of 2021.


                                                  CORAM       : V. G. BISHT, J.

                                                  DATE        : 17th FEBRUARY 2022


ARTI
VILAS
KHATATE
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Digitally signed by
ARTI VILAS
KHATATE
Date: 2022.02.17
17:12:55 +0530
                                                        13-FA-477-2021.doc




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 22nd January 2021 passed by the

learned Member, MACT, Nashik in Motor Accident Claim Petition

No.515 of 2011.

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.3, 4 and 5 of the order

dated 22nd January 2021 in Motor Accident Claim Petition

No.515 of 2011.. 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.

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                                                      13-FA-477-2021.doc




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.

6 Place the First Appeal for Admission on 17th March 2022.

                                        (V. G. BISHT, J.)




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