Salama Shahansha Pathan And Ors vs Sbi General Insurance Co. Ltd
2023 Latest Caselaw 9378 Bom

23:BHC-AS:2
                                                       18_ia_1191_23.odt

                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CIVIL APPELLATE JURISDICTION

                             INTERIM APPLICATION NO.1191 OF 2023
                                            WITH
                             INTERIM APPLICATION NO.1190 OF 2023
                                             IN
                            FIRST APPEAL (STAMP) NO.28573 OF 2022

              S.B.I. General Insurance Company
              Ltd.                                             ...Applicant
                              Versus
              Salama Shahansha Pathan and Ors.       ...Respondents
                         INTERIM APPLICATION NO.14978 OF 2023
                                            IN
                         FIRST APPEAL (STAMP) NO.28573 OF 2022

               Salama Shahansha Pathan and Ors.                ...Applicants
                              Versus
               S.B.I. General Insurance Company
               Ltd. and Anr.                                ...Respondents
                                               ...
              Ms Shalini Shankar with Ms Sayali Thakur for the Appellant-Insurance
              Company.
              Ms Rina Kundu for the Claimants.


                                        CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED: 6th SEPTEMBER, 2023.

P. C. :-

INTERIM APPLICATION NO.1191 OF 2023:-

1. Learned counsel for the Applicant-Insurance Company

states that the entire compensation as per the impugned Judgment and

Megha 1/3 18_ia_1191_23.odt

Award dated 17/6/2022 passed by the Member, M.A.C.T., Thane, in

MACP No.158 of 2017 has been deposited before the Claims Tribunal,

Thane.

2. In the light of the said statement, execution and

implementation of the impugned Judgment and Award is stayed

pending hearing of the appeal.

3. The application stands disposed of.

INTERIM APPLICATION NO.14978 OF 2023:-

4. By this application, the Applicants, who are widow, child

and parents of the deceased respectively, have sought withdrawal of

the compensation deposited by the Appellant-Insurance Company.

5. Having considered the reasons stated in the application and

the grounds raised in the appeal memo, the Applicant No.1 being

widow is permitted to withdraw 30% of the compensation. The

Applicant Nos.3 and 4 being the parents of the deceased are permitted

to withdraw 15% of the compensation alongwith proportionate

interest accrued thereon. The Applicant No.2 is a minor. Hence, I am

not inclined to allow any withdrawal on his behalf at this stage. The

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15% of the compensation with proportionate interest be invested in the

name of Applicant No.2 in any Nationalised Bank for a period of 6

years or until he attains the age of majority, whichever is later. Suffice

it to say that the withdrawal of the amount is subject to filing of an

undertaking before the Claims Tribunal that the amount will be

refunded in the event the Appellant succeeds in the appeal.

6. The application stands disposed of.

INTERIM APPLICATION NO.1190 OF 2023:-

7. Ms Kundu, learned counsel waives service of notice on

behalf of Respondent Nos.1 to 4. Issue notice to Respondent No.5,

returnable on 03/10/2023. Private service is permitted.

                                                              (SMT. ANUJA PRABHUDESSAI, J.)




Signed by: Megha S. Parab
Designation: PA To HonourableMegha
                              Judge                            3/3
Date: 07/09/2023 17:33:14