Shree. Kailas Bhagawan Raikar ... vs Future General India Insurance ...
2022 Latest Caselaw 2017 Bom

                                                                            19-CAF-32-2022.doc




                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                        CIVIL APPELLATE JURISDICTION

                                       CIVIL APPLICATION NO.32 OF 2022
                                                      IN
                                         FIRST APPEAL NO.364 OF 2017

                      SHREE KAILAS BHAGAWAN RAIKAR      )
                      THROUGH AUTHORIZED REPRESENTATIVE )
                      MRS. POONAM KAILAS RAIKAR         )...APPLICANT

                               V/s.

                      FUTURE GENERAL INDIA INSURANCE CO.             )
                      LTD.                                           )...RESPONDENT


                      Ms. Sejal Hariyan i/by. Mr. P.D.Pise, Advocate for the Applicant in
                      Civil Application No.32 of 2022.
                      Ms. Pooja Jadhav i/by. Mr. D.R.Mahadik, Advocate for the
                      Appellant in F.A.No.364 o 2017.

                                                      CORAM : V. G. BISHT, J.

                                                      DATE      : 26th 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 19th July 2016 passed by the learned

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ARTI VILAS KHATATE Digitally signed by ARTI VILAS KHATATE Date: 2022.02.26 16:15:41 +0530 19-CAF-32-2022.doc

Member, MACT, Pune in Motor Accident Claim Petition No.380 of

2012.

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 apportionment in paragraph nos.2

and 2a in the judgment and award dated 19 th July 2016 passed

by the learned Member, MACT, Pune in Motor Accident Claim

Petition No.380 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undertaking of returning the said amount to be withdrawn in the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.

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                                                      19-CAF-32-2022.doc




5     Interim Application is allowed and stands disposed of

accordingly.



6     Place the First Appeal for admission on 30th March 2022.



                                        (V. G. BISHT, J.)




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