Bajaj Alianz General Insurance ... vs Shri.Mukesh Prahlad Mundhe ...
2022 Latest Caselaw 2496 Bom

             Digitally signed by
JAYARAJAN    JAYARAJAN
ANJAKULATH   ANJAKULATH NAIR
NAIR         Date: 2022.03.16
             11:25:34 +0530




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                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                CIVIL APPELLATE JURISDICTION
                                               CIVIL APPLICATION NO.2918 OF 2018
                                                                    IN
                                                 REJECTED CASE NO.163 OF 2018


                                   Bajaj Alianz General Insurance Co. ]
                                   Ltd.                               ]         ...          Appellant

                                                Vs.

                                   Mukesh Prahlad Mundhe Thorough ]
                                   His Natural Guardian & Anr.    ]              ...        Respondents

                                                                   ...
                                   Mr. Pandit Kasar for the appellant.
                                                                   ...

                                                           CORAM : SMT. BHARATI DANGRE, J.

                                                           DATED         : 14TH MARCH, 2022.

                                   P.C. :-

1. The learned counsel for the appellant has invited my attention to the order dated 07/03/2022. Though the appellant was directed to produce the receipts before the Registry, till date, he is unable to procure the same. He, however, has instructions to make a statement that the entire amount of compensation as directed by the impugned judgment along with interest is already deposited AJN 2/3 29 CAF-2918.18.odt

before the MACT, Alibaug. The said statement is accepted.

2. On 27/09/2018, restoration of the appeals which were dismissed for default for non removal of the office objection, was permitted subject to deposit of entire amount within a period of six weeks and, failure to adhere to the said order was directed to result in vacation of the stay in favour of the appellant. The first appeals were restored to the original file accordingly.

3. The learned counsel for the appellant-Insurance Company states that he is desirous of withdrawing the first appeals as per instructions, which he has received.

4. I do not see any impediment for the appellant being permitted to withdraw the first appeals. This, however, will create and entitlement in the claimants to apply for withdrawal of the amount granted in their favour by the impugned judgment. The Tribunal shall permit the claimants to withdraw the entire amount of compensation deposited by the Insurance Company along with accrued interest.

5. On withdrawal of the first appeals, refund of court fees, as per rule, shall be made over to the Insurance Company.

6. The statutory amount which has been deposited in this court by the Insurance Company, shall be permitted to be withdrawn by AJN 3/3 29 CAF-2918.18.odt

the Insurance Company.

7. If the statement made by the appellant-Insurance Company about the deposit of entire compensation amount is turned out to be incorrect, liberty is granted to the Claimants to approach this court.

8. First Appeals are disposed of as withdrawn.

[SMT. BHARATI DANGRE, J.]

AJN