Bombay High Court
Reliance General Insurance ... vs Shri.Babu(Baburao)Maruti Yede ... on 15 March, 2022
Bench: Bharati Dangre
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL (ST) NO.32608 OF 2017
WITH
CIVIL APPLICATION NO.751 OF 2018
WITH
CIVIL APPLICATION NO.750 OF 2018
Reliance General Insurance
Company Limited through it's
Manager Legal Mr.Khanjan Joshi ..
Appellant
Versus
Babu (Baburao) Maruti Yede & Ors. .. Respondents
WITH
INTERIM APPLICATION NO.1414 OF 2022
IN
FIRST APPEAL (ST) NO.32608 OF 2017
Babu (Baburao) Maruti Yede & Anr. .. Applicants
Versus
Reliance General Insurance
Company Limited through it's
Manager Legal Mr.Khanjan Joshi .. Respondents
...
Ms.Poonam Mittal i/b Mr.Rahul Mehta for the Appellant.
Mr.Ramdas A. Shelke for the Respondents in the Appeal and
for the Applicants in IA/1414/22.
...
M.M.Salgaonkar
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CORAM: BHARATI DANGRE, J.
DATED : 15th MARCH, 2022
P.C:-
1. By the Interim Application No.1414 of 2022, the
applicant Nos.1 and 2 seek withdrawal of the amount of
compensation deposited before the Tribunal, pursuant to the
directions issued by this Court.
2. The Insurance Company has raised a challenge to the
Judgment and Award passed by MACT, Baramati in favour of
the claimants, directing to pay compensation of Rs.7,47,000/-
alongwith interest at the rate of 9% per annum, from the date
of fling of the petition till realiaation of the amount.
The impugned judgment came to be stayed, subject to
deposit of the aforesaid amount.
3. The Insurance Company has deposited an amount of
Rs.12,16,869/- and an amount of Rs.1,21,830/- on 27/02/2018.
4. Perusal of the application would reveal that the claim for
withdrawal of amount is projected in view of the old age of
applicant No.1 and on the ground that he is suffering from
various ailments. It is also further projected that applicant
No.2 is required to work on daily wages in the feld of other
agriculturists. In short, the fnancial position of the applicants
is projected to be in a very bad state and on account of Covid, it
is pleaded that it has aggravated.
M.M.Salgaonkar
3/3 6 FAST-32608-17.doc
On consideration of the application and on perusal of the
reasons put forth, I deem it ft to allow the application partly,
by permitting the applicants to withdraw 50% of the amount
that has been deposited before the MACT, Baramati. The
Tribunal shall permit withdrawal of 50% amount of the
compensation, deposited by the Insurance Company, subject to
an undertaking being given by applicant Nos.1 and 2 that, if
the Insurance Company succeeds in the appeal, they shall
bring back the amount to the Court alongwith interest that
may be levied.
5. Interim application stands disposed off in the above
terms.
FIRST APPEAL (ST) NO.32608 OF 2017
6. Since the appeal fled by the Insurance Company involve
a short point, learned counsel for the appellant states that the
appeal shall be listed for fnal hearing. The request is
reasonable and can be considered, subject to the appellant
fling the compilation of documents/private paper-book within
a period of four weeks from today.
7. Re-notify for 18/04/2022.
( SMT. BHARATI DANGRE, J.)
M.M.Salgaonkar
