Shr. Ganesh Narayan Tayade By His ... vs United India Insurance Company ...
2022 Latest Caselaw 6200 Bom

P.H. Jayani                                    11(B) IA926.doc

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIVIL APPELLATE JURISDICTION

                  INTERIM APPLICATION NO. 126 OF 2019
                                  IN
                      FIRST APPEAL NO.866 OF 2018

Shri. Ganesh Narayan Tayade
By his next friend and wife
Sau. Meena Ganesh Tayade                       .... Applicant

In the matter between :-
United India Insurance Company Ltd.,
Thane                                          .... Appellant
            v/s.
Shri. Ganesh Narayan Tayade
By his next friend and wife
Sau. Meena Ganesh Tayade and anr.              .... Respondents


Mr. Sachin K. Hande for the Applicant in IA/126/2019.
Mr. Nitesh V. Bhutekar a/w. Ayodhya Patki for the Appellant.
Ms. Kavita Anchan h/f. Mr. Vishal Dhende for Respondent No.1 in FA.

                        CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 01st JULY, 2022.

P. C. :-

. By this Application, the Applicant/original claimant through his

wife has sought withdrawal of the compensation deposited by the

Appellant - Insurance Company as per the impugned judgment and

award dated 28/04/2017 passed by the Member, MACT, Kalyan in

Motor Accident Claim Petition No.34/2004.

P.H. Jayani 11(B) IA926.doc

2. Having considered the reasons stated in the Application and

grounds raised in the Appeal memo, Applicant through his next friend -

his wife is allowed to withdraw 50% of the compensation along with

proportionate interest accrued 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 fixed

deposit in any nationalized bank until further orders.

4. Interim Application stands disposed of.

PREETI H JAYANI (SMT. ANUJA PRABHUDESSAI, J.) Digitally signed by PREETI H JAYANI Date: 2022.07.06 14:54:34 +0530