Amita Balkrishna Pawar vs Shriram General Insurance ...
2022 Latest Caselaw 6194 Bom

P.H. Jayani                                    27(B) IA9978.2022.doc

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIVIL APPELLATE JURISDICTION

                 INTERIM APPLICATION NO. 9978 OF 2022
                                  IN
                     FIRST APPEAL NO. 542 OF 2021


Ms. Amita Balkrishna Pawar                     .... Applicant

In the matter between :-
Shriram General Insurance Company Ltd.         .... Appellant
      v/s.
Ms. Amita Balkrishna Pawar and anr.            .... Respondents


Ms. Rina Kundu for the Applicant.
Mr. Pandit Kasar for the Appellant - Insurance Company.

                        CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 01st JULY, 2022.

P. C. :-

. By this Application, the Applicant has sought withdrawal of the

compensation deposited by the Appellant - Insurance Company as per

the impugned judgment and award dated 13/03/2021 passed by the

Member, MACT, Thane in Motor Accident Claims Petition No.561 of

2016.

2. In view of the reasons stated in the Application and the grounds

raised in the Appeal memo, the Applicant is permitted to withdraw

50% of the compensation along with proportionate interest accrued

P.H. Jayani 27(B) IA9978.2022.doc

thereon.

3. The Applicant shall file an undertaking before the Claims

Tribunal, Thane that he shall refund the amount with interest in the

event the Appellant - Insurance Company succeeds in the Appeal. The

Tribunal to re-invest the balance amount of compensation in FDR in

any nationalized bank until further orders.

4. Interim Application stands disposed of.

PREETI H JAYANI Digitally signed by PREETI H JAYANI (SMT. ANUJA PRABHUDESSAI, J.) Date: 2022.07.06 15:01:59 +0530