Ramesh Appa Randive vs Shri. Vikas Nana Gaikwad
2022 Latest Caselaw 11154 Bom

     Megha                                      927_ia_17616_2022.doc



                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          CIVIL APPELLATE JURISDICTION

                      INTERIM APPLICATION NO.17616 OF 2022
                                       IN
                           FIRST APPEAL NO.306 OF 2022

     Ramesh Appa Randive                                        ...Applicant
     In the matter between
     Vikas Nana Gaikwad                                         ...Appellant
                         Versus
     Ramesh Appa Randive and Anr.                             ...Respondents
                                        ...
     Mr. Aditya Mahadik with Ms Sweta Shah i/b. Mr. Dhananjay
     Rananaware for the Appellant.
     Mr. Abhijit Kulkarni for the Respondent No.1 in FA/306/2022 and for
     the Applicant in IA/17616/2022.


                                  CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 20th OCTOBER, 2022.

P. C. :-

1. The Applicant, who is the original Claimant has sought

withdrawal of the compensation deposited by the Appellant/owner of

the vehicle. The Applicant, had filed application under Section 166 of

the Motor Vehicles Act in view of the injury sustained in a motor

vehicular accident. By the impugned judgment dated 31/08/2019 in

Claim Digitally Petition No.110 of 2015 the Claims Tribunal, Satara directed the signed by MEGHA MEGHA PARAB S

PARAB Appellant/owner of the vehicle to pay compensation of Rs.8,21,388/-

S      Date:
       2022.10.21
      20:52:53
      +0530

with interest @ 7.50% p.a. from the date of the claim petition till final

realization.

 Megha                                      927_ia_17616_2022.doc




2.         The   Appellant/    owner      has    deposited         50%   of   the

compensation as per order dated 04/04/2022. Considering the nature

of injuries sustained by the Applicant-original claimant and the reasons

stated in the application as well as the grounds raised in the appeal

memo, 30% of the compensation deposited by the Appellant with

proportionate interest accrued thereon, be paid to the Applicant-

original Claimant subject to filing of an undertaking that the Claimant

will refund the amount with interest in the event the Appellant

succeeds in the appeal.

3. Application stands disposed of.

(SMT. ANUJA PRABHUDESSAI, J.)