Bombay High Court
Smt. Ritadevi Fulchand Vishwakarma And ... vs The Reliance General Insurance Co. Ltd. ... on 13 December, 2021
Author: N. J. Jamadar
Bench: N. J. Jamadar
10-fa-526-2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO.3898 OF 2021
IN
FIRST APPEAL NO.526 OF 2021
Ritadevi Fulchand Vishwakarma and Others ...Applicants
In the matter between
Reliance General Insurance Co. Ltd. ...Appellant
vs.
Ritadevi Fulchand Vishwakarma and Others ...Respondents
Mr. T.J. Mendon, for the Applicants/Respondent in F.A.
Ms. Kalpana Trivedi, for the Appellant/Respondent in I.A.
CORAM : N. J. JAMADAR, J.
DATE : DECEMBER 13, 2021
P.C.:
. Heard the learned counsel for the parties.
2. The learned counsel for the respondents resisted the prayer
for withdrawal on the ground that the driver of the offending
vehicle was not holding a valid and effective driving license at the
time of the accident.
3. The said contention can be appreciated at the fnal hearing of
the appeal.
4. At this juncture, the applicants can be permitted to withdraw
a portion of the amount of compensation along with interest
accrued thereon, subject to an undertaking. Hence, the following
order:
Vishal Parekar, P.A. ...1
10-fa-526-2021.doc
ORDER
(i) The application stands allowed.
(ii) The applicants are permitted to withdraw 50% of the amount of compensation along with interest accrued thereon, falling to their respective shares, in terms of the impugned award in Application No. 394 of 2015 dated 30th January, 2020 passed by learned Member, MACT, Mumbai upon furnishing an undertaking before the Tribunal to bring back the said amount along with interest at such rate as may be determined by this Court in the event the appeal is allowed and it is held that the applicants-claimants are not entitled to the compensation.
(iii) Interim application stands disposed of.
(N. J. JAMADAR, J.)
Vishal Parekar, P.A. ...2