Mr.Surmilan Singh Soiban And Anr vs Pune Municipal Corporation ...
2022 Latest Caselaw 11867 Bom

Megha                                        41_ia_17947_2022.doc



           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIVIL APPELLATE JURISDICTION

                INTERIM APPLICATION NO.17947 OF 2022
                                  IN
                 FIRST APPEAL (STAMP) NO.5919 OF 2020

Surmilan Singh Soibam and Anr.                           ...Applicants
                   Versus
Pune Municipal Corporation                              ...Respondent
                                   ...
Ms Yogita Chitnis for the Applicants.
Mr. Vishwanth Patil for the Respondent


                            CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 18th NOVEMBER, 2022.

P. C. :-

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

the compensation deposited by the Appellant-Insurance Company. By

the impugned judgment the Claims Tribunal has awarded

compensation of Rs. 71,07,348/- with interest @ 6% p.a. from the date

of the petition till final realization of the amount.

2. Applicant No.2, who is the original Claimant No.2 is the

minor. Hence, I am not inclined to allow withdrawal on his behalf at

this stage. Applicant No.1 is entitled for 50% of the total

Megha 41_ia_17947_2022.doc

compensation.

3. Having considering the reasons stated in the application

and the grounds raised in the appeal memo, the Applicant No.1 is

permitted to withdraw 25% of the total compensation with

proportionate interest accrued thereon subject to filing of an

undertaking that the Applicant No.1 will refund the amount with

interest in the event the Appellant succeeds in the appeal.

4. Application stands disposed of.

(SMT. ANUJA PRABHUDESSAI, J.)

Digitally signed by MEGHA MEGHA S PARAB S Date:

PARAB 2022.11.19 10:57:07 +0530