United India Insurance Co. Ltd. Mumbai v. Anita Sachin Chorge and Ors.
Case brief
What is this about?
United India General Insurance; Smt. Anita Sachin Chorage; First Appeal No. 2033 of 2024; Bombay High Court; Shyam C. Chandak, J.; order dated 09 April 2025; motor accident compensation; interim withdrawal of 30% of deposited compensation by claimants; refund undertaking if appeal succeeds; investment of balance with nationalized bank at highest interest; minor claimant; confirmation of interim stay dated 19 December 2024; deposit of entire awarded amount with accrued interest in Tribunal; IA allowed in terms of prayer clause (a); notice returnable 23 June 2025; waiver of notice Respondent Nos. 1-4; private notice and special bailiff for Respondent Nos. 5-13; final hearing at admission stage; spot panchanama; liability of insurer left open.
What did the court decide?
IA 6986/2025 disposed of: Applicant Nos. 1, 3 and 4 (original claimants) permitted to withdraw 30% of their share of the deposited compensation with proportionate interest, on undertaking to refund with interest if the Appellant succeeds; balance to be invested by the Tribunal with a nationalized bank giving highest interest. IA 16058/2024 allowed in terms of prayer clause (a) and disposed of: interim stay of 19.12.2024 confirmed on the insurer's deposit of the entire amount with accrued interest. First Appeal No. 2033 of 2024: notice returnable 23 June 2025 (waiver for Respondent Nos. 1-4); Appellant to effect service on Respondent Nos. 5-13 by private notice with affidavit of service, hamdast allowed, special bailiff permitted; appeal to be finally heard at the stage of admission and stood over to 23 June 2025.