Bombay High Court
Shri.Nand Kishor Hari Khot vs The Manager,The New India ... on 8 April, 2021
Bench: P. K. Chavan
1-13109-2017-CAFst=.doc
Uday S. Jagtap
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION (ST.) NO. 13109 OF 2017
IN
FIRST APPEAL NO. 164 OF 2021
Nand Kishor Hari Khot .. Applicant
In the matter of
The New India Insurance Co. Ltd. .. Appellant
Vs.
Nand Kishor Hari Khot & Ors. .. Respondents
.....
Mr. T.J. Mendon for the applicant
Mr. D.R. Mahadik for the appellant - insurer
CORAM : PRITHVIRAJ K. CHAVAN, J.
DATED : 8th APRIL, 2021
(Through Video Conferencing)
P.C.
1. This is an application seeking withdrawal of the amount of
compensation deposited by the appellant - insurer pursuant to a
judgment and award passed by the M.A.C.T., Mangaon, Dist.
Raigad in M.A.C.P. No. 188 of 2011.
2. Heard Mr. Mendon, learned Counsel for the applicant and
Mr. Mahadik, learned Counsel for the appellant - insurer.
3. The learned Member, M.A.C.T. by the impugned judgment and
award dated 12th September, 2014 awarded compensation to the
claimant inter alia directing respondent nos. 1 and 2 as well as
respondent nos. 3 and 4 to jointly and severally deposit the
compensation of Rs. 7,94,077/- each.
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4. Mr. Mendon, learned Counsel for the applicant submits that
the applicant had sustained serious injuries resulting into permanent
disability to the extent of 50% as he had sustained fracture injuries to
both of his legs. There are fractures to both sides of ribs, dislocation
of right hip joint and fracture of pelvis. The applicant had spent
substantial amount for medicines and hospitalization. He will have
to spend substantial amount for the future medical expenses. The
Doctor had given evidence that the applicant had sustained 100%
disability. Due to the said fact, he is undergoing great deal of
hardship and is now totally dependent upon others as he is totally
incapacitated.
5. On the other hand, Mr. Mahadik objects release of the entire
amount by stating that the applicant has already received 50% of the
amount of compensation from other insurance company.
6. Having considered the respective submissions at bar, I am of
the view that the applicant is entitled to withdraw 50% of the
amount of compensation, deposited by the appellant - insurer in
order to meet the necessary medical expenses. However, the
applicant shall have to furnish an undertaking within two weeks that
if the appellant - insurer succeeds in appeal, the applicant shall
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 applicant does 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
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Nationalized Bank for a period of one year and thereafter for one
more year again after obtaining order from this Court.
8. The application stands disposed of.
(PRITHVIRAJ K. CHAVAN, J.)
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