Bombay High Court
Mr. Siddhant Mahendra Kadam vs Reliance Gen. Ins. Co. Ltd. And Anr on 20 January, 2021
Bench: P. K. Chavan
4-CA-2180-2019.doc
Shailaja
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.2180 OF 2019
IN
FIRST APPEAL [STAMP] NO.31875 OF 2018
Siddhant Mehendra Kadam ] Applicant
Vs.
Reliance General Insurance Co. Ltd.]
and others. ] Respondents
.....
Mr. T.J. Mendon, for Applicant.
Mr. Rahul Mehta i/b KMC Legal, Venture, for Respondent.
.....
CORAM : PRITHVIRAJ K. CHAVAN, J.
DATE : 20th JANUARY, 2021.
(Through Video Conferencing)
P.C.
1. This is an application for withdrawal of the entire amount of
compensation deposited by the respondent-insurer in Motor
Accident Claims Tribunal, Mumbai, pursuant to a Judgment and
Award passed by the said Tribunal.
2. Learned Counsel for the respondent-insurer submits that
entire amount of compensation has already been deposited.
3. Mr. Mendon, learned Counsel for the applicant/claimant
submits that at the time of the accident, age of the boy was ten
years who has a bright student. Due to the accident, he suffered
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Shailaja S. Digitally signed by Shailaja S.
Halkude
Halkude Date: 2021.01.22 10:17:00 +0530
4-CA-2180-2019.doc
serious injuries resulted into 100% permanent disability. The
petitioner had also sustained several other injuries and had
undergone surgical operations. He was hospitalized for a
considerable long time and was required to incur huge expenses.
He would also require future medical expenses for rest of his life.
Because of the said accident and the injuries resulted therefrom,
the petitioner had lost his future academic career. The petitioner is
also required to meet his day-to-day expenses. So far as the
petitioner had incurred medical expenses to the tune of
Rs.11,03,130/-.
4. Mr. Mehta, on the other hand, representing insurer submits
that the appeal has preferred mainly on the ground of quantum
and validity of driving licence of the driver of the offending
vehicle.
5. Considering the objections and the fact that the applicant
had suffered 100% permanent disability, at this stage, it would be
just and proper to permit him to withdraw 60% of the amount of
compensation along with accrued interest deposited by the insurer
in the M.A.C.T. The claimants shall furnish an undertaking within
one week that if the respondent-insurer succeeds in the appeal,
they will return the amount with interest at such rate as would be
directed by this Court depending upon the outcome of the first
appeal.
6. If the claimants do not file an undertaking within the
aforesaid period, the amount deposited by the respondent-insurer
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shall be invested by the M.A.C.T in the fixed deposit of a
Nationalized Bank for a period of one year and thereafter for one
more year again, after obtaining order from this Court.
7. If 60% amount is withdrawn by the claimants, balance
amount shall be invested by the M.A.C.T in a fixed deposit as
stated above, in a Nationalized Bank.
8. The application stands disposed of.
9. This order will be digitally signed by the Personal Assistant
of this Court. All concerned shall act on production by fax or e-
mail of a digitally signed copy of this order.
[PRITHVIRAJ K. CHAVAN, J.]
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