The New India Assurance Co. Ltd ... vs Smt. Veena Vaisham Jadhav And Ors
2021 Latest Caselaw 7543 Bom

P.H. Jayani                                                     12 IAST5973.2021.doc

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIVIL APPELLATE JURISDICTION

                        CIVIL APPLICATION NO. 275 OF 2019
                                      WITH
                        CIVIL APPLICATION NO. 276 OF 2019
                                        IN
                       FIRST APPEAL (ST.) NO. 22555 OF 2018

New India Assurance Co. Ltd.                              ..... Appellant/Applicant
     v/s.
Veena Vaisham Jadhav and ors.                             .... Respondents

                                   WITH
                 INTERIM APPLICATION (ST.) NO. 5973 OF 2021
                                     IN
                    FIRST APPEAL (ST.) NO. 22555 OF 2018

Veena Vaisham Jadhav and ors.                             .... Applicants
In the matter between :-
New India Assurance Co. Ltd.                              ..... Appellant
           v/s.
Veena Vaisham Jadhav and ors.                             .... Respondents


Ms. Varsha Chavan for the Applicants / Respondent Nos.1 to 3.
Mr. Devendranath S. Joshi for the Appellant.

                                   CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 07th JUNE, 2021.

P. C. :-

CIVIL APPLICATION NO. 275 OF 2019 :-

. With consent, delay in filing the Appeal is condoned and the

Appeal is ordered to be registered. Civil Application No.275/2019

stands disposed of.

P.H. Jayani 12 IAST5973.2021.doc

FIRST APPEAL (ST.) NO. 22555 OF 2018 :-

2. Ms. Varsha Chavan, learned counsel waives service on behalf of

Respondent Nos.1 to 3. Issue notice to Respondent No.4, returnable on

19/07/2021. Private service is permitted.

CIVIL APPLICATION NO. 276 OF 2019 :-

3. Mr. D.S. Joshi, learned counsel for the Appellant - Insurance

Company states that the entire amount of compensation along with the

interest accrued thereon is deposited before the MACT, Mumbai. In

view of the said statement, the execution and implementation of the

impugned judgment dated 04/08/2017, is stayed till the disposal of the

Appeal.

4. Civil Application No.276/2019 stands disposed of.

INTERIM APPLICATION (ST.) NO.5973 OF 2021 :-

5. The Respondents/Claimants have filed this Application for

withdrawal of compensation. Mr. D.S. Joshi, learned counsel for

Appellant objects to the said Application mainly on the ground that the

accident was caused due to rash and negligent driving of the deceased.

P.H. Jayani 12 IAST5973.2021.doc

6. The Respondent No.2 is a minor and hence, at this stage, I am

not inclined to allow this Respondent/Claimant to withdraw any

amount on his behalf. Having gone through the records and after

considering the reasons stated in the impugned judgment as well as

grounds raised in the Appeal memo, an amount of Rs.5,00,000/- is

ordered to be paid to the Respondent No.3 - Sitabai Ramchandra

Jadhav and an amount of Rs.10,00,000/- is ordered to be paid to the

Respondent No.1 - Veena Vaisham Jadhav, subject to furnishing an

undertaking before the Claims Tribunal that the said amount will be

refunded with interest in the event the Appellant succeeds in the

Appeal.

7. Interim Application (St.) No.5973/2021 stands disposed of

accordingly.

(SMT. ANUJA PRABHUDESSAI, J.)