Shri.Balbhim Baburao Sankpal ... vs The New India Assurance Co.Ltd
2017 Latest Caselaw 6217 Bom

Sherla V.



                                                                                    caf.1902.2017.doc


                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CIVIL APPELLATE JURISDICTION

                                    CIVIL APPLICATION NO.1902 OF 2017
                                                    IN
                                      FIRST APPEAL NO.1612 OF 2016

            Shri Balbhim Baburao Sankpal                            ... Applicant

            IN THE MATTER BETWEEN
            The New India Assurance Co. ltd.                  ... Appellant
                  Vs.
            Shri Balbhim Baburao Sankpal & anr.                     ... Respondents


            Mr.B.H. Bhalwal for the Applicant
            Mr.D.S. Joshi for Insurance Company

                                                       CORAM: MRS.MRIDULA BHATKAR, J.

DATE: AUGUST 16, 2017 P.C.:

1. Upon urgent mentioning, taken on Production Board.

2. This Civil Application is moved by the original claimant i.e., the

respondent in the First Appeal for withdrawal of the amount which was

deposited by the appellant insurance company in terms of the award of the

Motor Accident Claims Tribunal dated 15.7.2016. The amount of the

award is Rs.1,32,87,512/- with interest.

3. Learned Counsel for the applicant i.e., the claimant, submitted that

the applicant had met with an accident in 1999 and is quadriplegic and he

needs money for medical expenses and also for residential

accommodation as he has already sold his earlier flat in 2005 on account

caf.1902.2017.doc

of his medical treatment. The learned Counsel prayed that the entire

amount of compensation is to be allowed to be withdrawn by him.

4. The learned Counsel for the insurance company while opposing this

application submitted that the insurance company has deposited the entire

decretal amount with interest accrued thereon which comes to

Rs.2,69,00,000/- approximately. The learned Counsel submitted that

earlier out of this money, a sum of Rs.10 lakhs was allowed to be

withdrawn on 31.1.2017 and a further sum of Rs.10 lakhs on 9.3.2017.

5. The learned Counsel further submitted that the claimant has filed

Cross Objections and the said Cross Objections and the First Appeal are

to be heard by the Division Bench together and the insurance company

has good defence on the point of negligence and quantum.

6. Considered the case of the applicant and also the defence taken by

the insurance company. Cross Objections are filed by the applicant,

however the claim is above the pecuniary jurisdiction of the Single Judge

of this Court. However, the learned Counsel for the applicant submitted

that he has moved this application in the First Appeal and his counter

claim is yet to be heard and admitted. He submitted that the applicant is in

dire need of money as he wants to vacate the tenanted house and buy a

new house.

caf.1902.2017.doc

7. In view of the peculiar facts and circumstances of the case, the

applicant/claimant is allowed to withdraw an amount of Rs.1 crore on

furnishin usual personal undertaking before the Registrar, Motor Accident

Claims Tribunal, Mumbai. The remaining amount shall be deposited in a

fixed deposit with any nationalised Bank till the disposal of the appeal.

8. Civil Application is disposed of accordingly.

(MRIDULA BHATKAR, J.)