Divisional Manager, Reliance ... vs Mangal Nana Bagul And Ors
2022 Latest Caselaw 2904 Bom

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         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION
                  FIRST APPEAL (ST) NO.94740 OF 2020
                                   WITH
                 INTERIM APPLICATION NO.2742 OF 2021


Divisional    Manager,                 Reliance   ..     Appellant
General Insurance Co. Ltd.

                       Versus

Mangal Nana Balu & Ors.                           ..     Respondent


                                   WITH
           INTERIM APPLICATION (ST) NO.16469 OF 2021


Mangal Nana Balu & Ors.                           ..     Applicants

                       Versus

Divisional    Manager,      Reliance              ..     Respondents
General Insurance Co. Ltd. & Anr.


                                        ...

Ms.Kalpana R. Trivedi for the Appellant.
Mr.Pritesh K. Bohade for the Respondents and for the
Applicants in IAST/16469/21.
                                        ...

                          CORAM: BHARATI DANGRE, J.

DATED : 24th MARCH, 2022

M.M.Salgaonkar

2/3 17 FAST-94740-20.doc

P.C:-

INTERIM APPLICATION (ST) NO.16469 OF 2021

1. By the present application, the claimants to the MACP Petition seek withdrawal of the amount deposited by the Insurance Company in terms of the Judgment & Award dated 15/10/2019 passed by the M.A.C.T., Nashik in M.A.C.P. No.817 of 2016.

The learned counsel for the Insurance Company states that an amount of Rs.66,00,000/- has been deposited before the Tribunal and she submits that the claimants shall not be permitted to withdraw an amount more than 50%, in the wake of the question of law involved in the appeal about the quantum of compensation.

2. Considering the diffculties expressed by the claimants through the application whereby it is projected that they are facing extreme hardship in absence of the amount of compensation being permitted to be appropriated by them, I deem it expedient to grant the application and permit 60% withdrawal of the amount deposited by the appellant before the Tribunal. The Tribunal shall obtain an undertaking from the claimants to refund the amount if the appeal fled by the appellant is allowed.

3. The interim application stands disposed off.

M.M.Salgaonkar





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                 FIRST APPEAL (ST) NO.16469 OF 2021

4. As far as the appeal is concerned, the learned Advocate for the appellant categorically states that the appeal challenges the quantum of compensation awarded under the impugned judgment and it can be heard fnally at the stage of admission.

Subject to the appellant fling private paper-book/ compilation of documents, list the appeal peremptorily on 02/05/2022.

( SMT. BHARATI DANGRE, J.)

M.M.Salgaonkar