Pratik Jayesh Joshi And Anr vs Shriram General Insurance ...
2022 Latest Caselaw 11682 Bom

                                                                                    503 -i-ia-19628-22.doc


                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION

                                      INTERIM APPLICATION NO. 19628 OF 2022
                                                      WITH
                                        FIRST APPEAL (ST) NO. 22998 OF 2022

                        Pratik Jayesh Joshi & Anr.                            ..Applicant.

                                      v/s.

                        Shriram General Insurance Co. Ltd.                          ..Respondents

                        Mr. Pandit Kasar for the Applicant.
                        Mr. Rahul Mehta i/b. Baliram Kamble for the Respondent No.1.

                                                    CORAM : ANUJA PRABHUDESSAI, J.

DATED : 16th NOVEMBER, 2022.

P.C.

1. By this application, the Applicant has sought withdrawal of

compensation deposited by the Appellant Insurance Company.

2. By the impugned Judgment and Award, the Claims Tribunal has

awarded compensation of Rs. 87,93,868/- with interest at the rate of

7.5% per anum from the date of the application till final realization.

3. One of the grounds raised in the appeal memo is that the Applicant

Claimant is not entitled for compensation of Rs.10,00,000/- paid to him

under the Mediclaim Policy. It is stated that the Applicant has already

undergone 16 surgeries, and that he has to undergo yet another surgery,

and that he needs money for medical treatment.

4. Considering the reasons stated in the application, and the grounds Digitally signed by PRASANNA P PRASANNA P SALGAONKAR raised in the memo of appeal, the Applicant is permitted to withdraw SALGAONKAR Date:

2022.11.17 19:27:35 +0530

P P SALGAONKAR 1 of 2 503 -i-ia-19628-22.doc

60% of the compensation with proportionate interest accrued thereon,

subject to filing an undertaking that he shall refund the amount with

proportionate interest, in the event the Appellant insurance company

succeeds in the appeal.

5. Civil Application stands disposed of.

                                                       (ANUJA PRABHUDESSAI, J.)




P P SALGAONKAR                                                                        2 of 2