Iffco Tokio General Insurance Co. ... vs Sharda Wd/O Vinayak More And ...
2021 Latest Caselaw 12010 Bom

                                            1                              9 caf248.21.odt

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        NAGPUR BENCH, NAGPUR.

                   CIVIL APPLICATION (F) NO.248 OF 2021 IN
                         FIRST APPEAL NO. 453 OF 2019
                      IFFCO Tokio General Insurance Co. Ltd.
                                     Vs.
                     Sharda Wd/o Vinayak More and others
_______________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions           Court's or Judge's orders.
and Registrar's Orders.
                  Shri A.J. Pophaly, Advocate for appellant.
                  Ms Sonali Saware-Gadhawe- Advocate for respondent nos.1 and 2.


                                 CORAM : PUSHPA V. GANEDIWALA, J.

DATE : 27th AUGUST, 2021.

Heard.

2. By way of this application, respondent nos.1a and 2 - wife and minor son of the deceased Vinayak, who died in the motor accident are seeking permission for withdrawal of amount of compensation, which has been deposited by the appellant with the Registry of Motor Accident Claims Tribunal, Khamgaon on 30.11.2018.

3. It is submitted that the appellant has deposited the amount of Rs.9,03,579/-. Thereafter, this Court vide order dated 18.10.2019 permitted the claimants to withdraw Rs.3,00,000/- out of the aforesaid amount. The claimants state that the son of the deceased is taking higher education and claimants are facing financial crisis and therefore they need money to overcome the financial difficulties.

2 9 caf248.21.odt

4. I have perused the impugned judgment and award. On due consideration respondent nos.1 and 2 are permitted amount of Rs.3,00,000/- on furnishing usual undertaking.

5. Registry of the Motor Accident Claims Tribunal, Khamgaon, District Buldana is directed to transfer the amount of Rs.3,00,000/- in favour of respondent nos.1 and 2, within a period of two weeks from the date of account details and undertaking to the satisfaction of the learned Tribunal are furnished.

6. The application stands disposed of.

FIRST APPEAL NO. 453 OF 2019

7. Respondent no.3 is reported to be dead. Appellant to take necessary steps.

8. Stand over to two weeks.

JUDGE Wagh