Bombay High Court
Mr. Satish Gajanan Raje And Ors vs The New India Assurance Co. Ltd on 1 December, 2021
Bench: Bharati Dangre
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL (ST) NO.25323 OF 2014
WITH
INTERIM APPLICATION NO.3640 OF 2021
WITH
CIVIL APPLICATION NO.1455 OF 2015
WITH
CIVIL APPLICATION NO.1454 OF 2015
The New India Assurance Co. Ltd. .. Appellant
Versus
Satish Gajanan Raje & Ors. .. Respondents
...
Mr.Devendranath Joshi for the Appellant.
Mr.T.J.Mendon for the Respondent Nos.1 and 2 and for the
Applicants in IA/3640/21.
...
CORAM: BHARATI DANGRE, J.
DATED : 01st DECEMBER, 2021
P.C:-
: INTERIM APPLICATION NO.3640 OF 2021 :
1. The present application is taken out by the
applicants/claimants, who were held to be entitled for
compensation of Rs.30,13,382/- alongwith interest at the rate
of 7.5% p.a. in terms of the order passed by the MACT, Mumbai
on 31/01/2014 in MACP No.3026 of 2003. The applicants are
the parents, who lost their son, Sameet in an accident, which
took place on 07/06/2003.
M.M.Salgaonkar
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2. In furtherance of the order passed by this Court,
granting stay to the effect and operation of the judgment, eight
cheques have been deposited in the name of applicant No.1-
Satish Raje and this amount is already paid to him on
11/09/2014. On 21/07/2014, four cheques of Rs.1,25,000/-
each i.e. totaling to Rs.5,00,000/- have been deposited and the
amount has been invested in the name of the applicants.
Thereafter, on 06/11/2017, cheque of Rs.39,03,757/- is
deposited.
3. On perusal of the application, seeking withdrawal of the
amount, it is apparent that the claimants have pressed the
urgency of the said amount and it is stated that they had spent
approximately Rs.12 lakhs towards the hospital charges and
some amount was permitted to be withdrawn. Staking their
claim that they were dependent on their son and have lost a
source of their livelihood and now they have to depend upon
other members of the family and friends, they seek withdrawal
of some amount which would offer solace to them and would
compensate their day-to-day requirements.
Considering the application and the urgency expressed
therein, I am inclined to grant application by permitting the
applicant to withdraw an amount of Rs.20,00,000/-, which has
been deposited with the A.O., MACT, Mumbai in form of cheque
on 06/11/2017. The Tribunal shall allow the applicants to
withdraw the amount of Rs.20,00,000/- on an undertaking
being submitted that in the event the Appeal fled by the
Insurance Company is allowed, they would remit back the
amount alongwith the interest that would be charged.
M.M.Salgaonkar
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4. The Interim Application No.3640 of 2021 stands
disposed of in the aforesaid terms.
FIRST APPEAL (ST) NO.25323 OF 2014
5. The Appeal is fled in the year 2014 and since then it is
pending for adjudication. Considering the age of the
respondents in the Appeal, a request is made for hearing the
Appeal fnally. I have no hesitation in granting the request,
subject to the stipulation that the Appellant shall prepare a
private paper-book and tender in this Court within a period of
six weeks from today. Upon such a paper-book being fled,
liberty is granted to circulate the Appeal for fxing the date for
fnal hearing.
( SMT. BHARATI DANGRE, J.)
M.M.Salgaonkar
