Shri.Sunil Bhau Mhatre And Anr vs Reliance General Insurance ...
2022 Latest Caselaw 2019 Bom

                                                                        18-IA(ST)-16918-2021.doc




                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                        CIVIL APPELLATE JURISDICTION

                                 INTERIM APPLICATION (ST) NO.16918 OF 2021
                                                    IN
                                        FIRST APPEAL NO.57 OF 2018

                      SUNIL BHAU MHATRE AND ANR.                      )...APPLICANT

                               V/s.

                      RELIANCE GENERAL INSURANCE COMPANY )
                      LIMITED THROUGH ITS REGIONAL MANAGER)...RESPONDENT


                      Mr. Yogesh Pande, Advocate for the Applicant.
                      Mr. Nikhil Mehta i/by. KMC Legal Venture, Advocate for the
                      Appellant in F.A.No.57 of 2018.


                                                      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 1st August 2017 passed by the

learned Member, MACT, Pune in Motor Accident Claim Petition

No.777 of 2013.

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ARTI
VILAS
KHATATE
Digitally signed by
ARTI VILAS
KHATATE
Date: 2022.02.26
15:25:12 +0530
                                                    18-IA(ST)-16918-2021.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 apportionment in paragraph nos.2a,

2b and 2c in the order dated 1st August 2017 passed by the

learned Member, MACT, Pune in Motor Accident Claim Petition

No.777 of 2013. 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of returning the said amount to be withdrawn in the event of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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                                                18-IA(ST)-16918-2021.doc




6     Place the First Appeal for Final hearing at the stage of

admission on 28th March 2022.

                                      (V. G. BISHT, J.)




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