Allowed

Smt. Vandana Umeshsingh Thakur and Anr. v. Reliance General Insurance Co. Ltd. and Anr.

Bombay HC4 Mar 2021CAF/2981/2019

Case brief

AI extract

What is this about?

This order permits the applicants to withdraw 65% of the decretal compensation deposited with M.A.C.T. Pune, upon furnishing an undertaking to refund the amount with interest if the insurer succeeds in the first appeal before this court. The balance amount must remain invested.

What did the court decide?

Permitted withdrawal of 65% of compensation with interest subject to an undertaking to return funds if the respondent-insurer appeals successfully.

Smt. Vandana Umeshsingh Thakur and Anr. Vs… — Civil Procedure and Limitation | Bombay HC (2021)

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13-CAF-2981-2019.doc

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Shailaja

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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CIVIL APPLICATION NO.2981 OF 2019

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IN

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FIRST APPEAL NO.18 OF 2019
Vandana Umeshsingh Thakur and another]Applicants

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Vs.

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Reliance General Insurance Co. Ltd.]Respondent
IN THE MATTER BETWEEN:
Reliance General Insurance Co. Ltd.]Appellant

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Vs.

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Vandana Umeshsingh Thakur and another]Respondents

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Mr. Yuvraj P. Narvankar a/w Mr. Adwait Agashe, for Applicants.
Mr. Rahul Mehta i/b K.M.C Legal Venture, for Respondent.

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CORAM : PRITHVIRAJ K. CHAVAN, J.
 DATE : 4th MARCH, 2021.

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P.C.

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1. This is an application for withdrawal of the decretal amount deposited by the respondent-insurer in M.A.C.T, Pune.

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2. Heard Mr. Narvankar, learned Counsel for the applicant.

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3. Learned Counsel for the applicant submits that since the Award has been passed, the applicants have not received any amount except the amount under ‘No Fault Liability”. The applicants who are parents of their only deceased son are facing hardship and extreme financial constraints. Digitally signed by

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Digitally signed by Shailaja S. Shailaja S. Halkude Date: 2021.03.05 16:06:54 Halkude +0530

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1 of 2

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13-CAF-2981-2019.doc

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4.Mr. Mehta, learned Counsel for the respondent-insurer
objects for permitting the applicants to withdraw the entire
amount of compensation.

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5.Considering the reasons stated in the application, the
applicants are permitted to withdraw 65% of the amount of
compensation with accrued interest.

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6.The applicants shall furnish an undertaking at the time of
withdrawing the amount that if the respondent-insurer succeeds in
the appeal, they will return the amount with interest at such rate
as would be directed by this Court depending upon the outcome of
the first appeal. If the applicants do not file an undertaking at the
time of withdrawing the amount, the amount of compensation
shall be invested by the M.A.C.T in the fixed deposit of a
Nationalized Bank for a period of one year and thereafter for one
more year again after obtaining order from this Court.

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7.If 65% amount is withdrawn by applicants-claimants,
balance amount shall be invested by the M.A.C.T in a fixed deposit
as stated above, in a Nationalized Bank.

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8. The application stands disposed of.

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 [PRITHVIRAJ K. CHAVAN, J.]

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Smt. Vandana Umeshsingh Thakur and Anr. v. Reliance General Insurance Co. Ltd. and Anr.

Case brief

What is this about?

What did the court decide?

Smt. Vandana Umeshsingh Thakur and Anr. v. Reliance General Insurance Co. Ltd. and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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