Sandip Shantaram Kadam( Thr. His ... vs Oriental Insurance Co. Ltd., ...
2023 Latest Caselaw 11703 Bom

2023:BHC-AS:34979


                                                         1                   14 ia 15562 of 2023.doc



                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               CIVIL APPELLATE JURISDICTION

                               INTERIM APPLICATION NO.15562 OF 2023
                                                IN
                                   FIRST APPEAL NO.1060 OF 2022

               Mr.Sandip Shantaram Kadam                                ...        Applicant
                    Versus
               Oriental Insurance Company Ltd. and Anr.                 ...        Respondents

               Ms.Rina Kundu, Advocate for the Applicant.
               Mr.Devendranath S. Joshi, Advocate for Respondent No.1 - Orig.
               Applicant.

                                                  CORAM : NITIN JAMDAR AND
                                                          MANJUSHA DESHPANDE, JJ.

DATE : 10 NOVEMBER 2023.

P.C. :

Heard the learned counsel for the parties.

2 This is an application taken out by the Respondent - original claimant in the First Appeal filed by the Insurance Company challenging the judgment and order passed by the MOTOR Accident Claims Tribunal, Vasai in MACP No.1 of 2013 dated 20 November 2021.

3 Having considered the facts and circumstances of the case and the finding of the Tribunal, we are of the opinion that the

Rajeshri Aher

2 14 ia 15562 of 2023.doc

Applicant-original claimant be permitted to withdraw the 50% amount of the amount which is deposited by the Insurance Company on an undertaking of the Applicant's filed on affidavit that in case the decision of the Appeal is against the Applicant, he will redeposit in the Court where the amount was deposited earlier.

4 Interim Application is accordingly disposed of.

(MANJUSHA DESHPANDE, J.) (NITIN JAMDAR, J.)

Rajeshri Aher