Smt. Uma Mahesh Oak And Ors vs The New India Insurance Co. Ltd
2021 Latest Caselaw 5945 Bom

                                                            4-CAF-201-2016.doc


Shailaja
             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          CIVIL APPELLATE JURISDICTION
                       CIVIL APPLICATION NO.201 OF 2016
                                       IN
                   FIRST APPEAL [STAMP] NO.5785 OF 2015


Uma Mahesh Oak and others.                  ]      Applicants
IN THE MATTER OF:
 The New India Insurance Co. Ltd.           ]      Appellant
           Vs.
Uma Mahesh Oak and others.                  ]      Respondents
                                      .....
Mr. T. J. Mendon, for Applicants.

Mr. D.S. Joshi i/b Mr. D.R. Mahadik, for Appellant.

Mr. Rahul Sankalecha i/b Abhijit Kulkarni, for Respondent No.7.
                                 .....

                                    CORAM : PRITHVIRAJ K. CHAVAN, J.

                                    DATE        : 1st April, 2021.

P.C.

1. This is an application seeking withdrawal of the amount of compensation pursuant to a judgment and award dated 12 th September, 2014 passed by the learned Member, M.A.C.T., Mangaon, District Raigad in M.A.C.P No.134 of 2010.

2. Learned Member of the Tribunal by the impugned judgment and award held that respondents No.1 to 4 are jointly and

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severally liable to pay Rs.31,87,440/-, inter alia, directing that the liability shall be apportioned amongst respondents No.1 and 2, on one hand and respondents No.3 and 4, on the other hand, to the extent of 50% each.

3. Mr. Sankalecha, holding for Mr. Kulkarni, learned Counsel appearing for respondent No.7 seeks some time to take instructions.

4. Mr. Joshi, who holds for Mr. Mahadik, for the appellant, objects withdrawal of the amount of compensation.

5. The Tribunal held all the respondents jointly and severally liable, meaning thereby, they are joint tortfeasor. Thus, in view of the grounds made out in paragraph 4 of the application, the applicants are entitled to withdraw 50% amount of compensation deposited in the Tribunal.

6. At the time of withdrawal, all the applicants shall give undertakings that in case the appellant succeeds in the appeal, they will refund the amount with interest at such rate as would be directed by this Court depending upon the outcome of the first appeal.

7. If the applicants do not file an undertaking at the time of withdrawing the amount of compensation, the amount deposited in the Tribunal shall be invested by the M.A.C.T in the fixed deposit of a Nationalized Bank for a period of one year and

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thereafter for one more year again after obtaining an order from this Court.

8. After withdrawal of 50% amount of compensation, balance amount, if any, shall be invested in the fixed deposit, in any nationalized Bank, initially for a period of two years and thereafter it shall be renewed for a further period subject to orders passed by this Court.

9. Application stands disposed of.

[PRITHVIRAJ K. CHAVAN, J.]

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