Smt.Saloni Suraj Kolambe And Ors vs National Insurance ...
2022 Latest Caselaw 11183 Bom

        Megha                                        909_ia_18943_2022.doc



                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CIVIL APPELLATE JURISDICTION

                         INTERIM APPLICATION NO.18943 OF 2022
                                          IN
                         FIRST APPEAL (STAMP) NO.14583 OF 2021

        Smt. Saloni Suraj Kolambe and Ors.                         ...Applicants
                            Versus
        National Insurance Co. Ltd. and Anr.                      ...Respondents
                                          ...
        Mr. Sanskar Marathe for the Applicants.
        Mr. Amol Gatne for the Respondents.


                                     CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 20th OCTOBER, 2022.

P. C. :-

1. The Applicants, who are original Claimants have sought

withdrawal of the compensation deposited by the Appellant-Insurance

Company as per the impugned Judgment dated 03/03/2020 passed by

the M.A.C.T., Khed, District-Ratnagiri in M.A.C.P. No.44 of 2015.

2. Having considered the reasons stated in the application and

the grounds raised in the appeal memo, the Applicant No.1, widow of Digitally

MEGHAthe deceased is permitted to withdraw 20% of the compensation with signed by MEGHA S PARAB S Date:

PARAB 2022.10.21 proportionate interest accrued thereon and Applicant No.3, mother of 20:52:53 +0530

the deceased is permitted to withdraw 5% of the compensation with

Megha 909_ia_18943_2022.doc

proportionate interest accrued thereon. Applicant No.2 is minor

daughter hence I am not inclined to allow withdrawal of compensation

on her behalf at this stage. Suffice it to say that the withdrawal will be

subject to filing of an undertaking that the amount will be refunded

with interest in the event the Appellant succeeds in the appeal.

3. Application stands disposed of.

(SMT. ANUJA PRABHUDESSAI, J.)