Mrs. Priyanka Naresh Kumar Rawal ... vs Reliance General Insurance Co. ...
2022 Latest Caselaw 10964 Bom

                                                                               26-I-IA 18200-22.doc


                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION

                                    INTERIM APPLICATION NO. 18200 OF 2022
                                                     IN
                                         FIRST APPEAL NO. 235 OF 2022


                        Priyanka Rawal & Ors.                            ..Applicant

                         In the matter between

                        Reliance General Insurance Co. Ltd.              ..Appellant

                                    v/s.

                        Priyanka Rawal & Ors.                            ..Respondents

                        Mr. Pandit Kasar for the Appellant.
                        Mr. Bharat Gadhavi a/w. Chinmay Deshpande for the Respondent.

                                                 CORAM : ANUJA PRABHUDESSAI, J.

DATED : 18th OCTOBER, 2022.

P.C.

1. By this application, the Applicants (Original Claimants) have

sought withdrawal of compensation deposited by the Appellant

Insurance Company as per the judgment and Award passed by the

Claims Tribunal.

2. The challenge in the appeal is mainly to the quantum of

compensation. Having considered the reasons stated in the Application,

as well as the grounds raised in the appeal memo, the Applicant No.1-

widow of deceased Naresh Kumar Rawal is permitted to withdraw 20%

Digitally of the compensation with proportionate interest accrued thereon. signed by PRASANNA P PRASANNA P SALGAONKAR SALGAONKAR Date:

2022.10.19 16:50:43 +0530

P P SALGAONKAR 1 of 2 26-I-IA 18200-22.doc

Applicant No.4 is permitted to withdraw 5% of the compensation with

proportionate interest accrued therein. Applicant Nos.2 and 3 are

minors. Hence, I am not inclined to allow withdrawal on their behalf, at

this stage.

3. Suffice to say that the withdrawal is subject to filing an

undertaking that the Applicants shall refund the amount with

proportionate interest, in the event the Appellant insurance company

succeeds in the appeal.

4. Interim Application stands disposed of.

                                                       (ANUJA PRABHUDESSAI, J.)




P P SALGAONKAR                                                                         2 of 2