Disposed

Jijabai Bhaurao Sathe and Ors. v. Reliance General Insurance Company Limited through the Divisional Office

Bombay HC9 Apr 2021IA/1022/2021

Case brief

AI extract

What is this about?

A single judge of the Bombay High Court allowed an interim application to withdraw 50% of the award amount pending appeal, subject to an undertaking to refund if the appeal succeeds. Balance funds to be invested.

What did the court decide?

Permission granted to withdraw 50% of the awarded amount with accrued interest, subject to undertaking for refund if appeal succeeds; balance invested in fixed deposit.

Jijabai Bhaurao Sathe and Ors. Vs Reliance… — Civil Procedure and Limitation | Bombay HC (2021)

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13-1022-2021-IA-withdraw=.doc

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Uday S. Jagtap

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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INTERIM APPLICATION NO. 1022 OF 2021
IN

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FIRST APPEAL (ST.) NO. 25678 OF 2018

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Jijabai Bhaurao Sathe & Ors. .. Applicants
In the matter between
The Divisional Officer, Reliance G.I.C. Ltd... Appellant
Vs.
Jijabai Bhaurao Sathe & Ors. .. Respondents

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Mr. Pritesh K. Bohade for the applicants

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Mr. Rahul Mehta i/b KMC Legal Venture for the appellant – insurer

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CORAM : PRITHVIRAJ K. CHAVAN, J.

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 DATED : 9th APRIL, 2021
(Through Video Conferencing)

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P.C.

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1.Heard Mr. Bohade, learned Counsel for the applicants. He
seeks withdrawal of the amount of compensation awarded by the
Tribunal on the ground that applicant no.1 is the widowed mother
of the deceased and applicant nos. 2 to 4 are his real sisters, who
are prosecuting their studies. Because of the untimely death of the
deceased who was a pillar and young boy of 28 years old, there is
no source of income to the surviving applicants. It is also
submitted that due to lockdown pursuant to Covid-19 situation in
the country, it is difficult for the applicants to survive and meet
both ends.

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2. Mr. Mehta, learned Counsel for the insurer however, objects

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1 of 2

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13-1022-2021-IA-withdraw=.doc

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withdrawal of the amount by stating that the appellant has a
chance of succeeding in the appeal.

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3. Having considered the respective submissions, at this stage,
looking to the reasons stated in the application, more particularly in
paragraph 5, I permit the applicants to withdraw 50% of the amount
with accrued interest. The applicants shall furnish an undertaking
within two weeks that if the appellant - insurer succeeds in
appeal, the applicants shall refund the amount with interest at
such rate as would be directed by this Court, depending upon the
outcome of the first appeal.

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4.If the applicants do not file an undertaking within the
aforesaid period, the amount deposited by the appellant - insurer
shall be invested by the M.A.C.T in a fixed deposit in any
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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5. If 50% amount is withdrawn by the applicants, 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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6. The application stands disposed of.

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 (PRITHVIRAJ K. CHAVAN, J.)

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Jijabai Bhaurao Sathe and Ors. v. Reliance General Insurance Company Limited through the Divisional Office

Case brief

What is this about?

What did the court decide?

Jijabai Bhaurao Sathe and Ors. v. Reliance General Insurance Company Limited through the Divisional Office

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

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