Eshant Arvind Bhaskar vs Divisional Officer, The New India ...
2021 Latest Caselaw 7617 Bom

                                                                              10 IA 1203-21.doc


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION

                     INTERIM APPLICATION NO. 1203 OF 2021
                                        IN
                       FIRST APPEAL (st) NO. 18728 OF 2014

      Eshant Arvind Bhaskar                      ..Applicant/ Org. Claimant.

      Versus

      New India Assurance Company Ltd.
      & Another .                                                 ..Respondent

      In the matter between

      New India Assurance Co. Ltd.                                ..Appellant

                     v/s.

      Eshant Arvind Bhaskar & Anr..                               ..Respondents

      Mr. Pritesh Bohade for the Applicant.
      Mr. Sandeep Jinsiwale for the Appellant.

                                CORAM : ANUJA PRABHUDESSAI, J.

DATED : JUNE 09, 2021.

P.C.

1. The Applicant herein has filed this application for

withdrawal of further compensation from the amount deposited by

the Appellant-Insurance Company.

2. The Applicant, who is the Claimant in the petition filed

under Section 166 of the Motor Vehicles Act has been awarded

pps 1 of 3

10 IA 1203-21.doc

compensation of Rs.10,80,800/- with interest @ 9% per annum

from the date of petition i.e. 25.7.2007 till the date of payment of

the entire amount.

3. The Appellant-Insurance Company has deposited the

compensation of Rs.16,96,171/- . By order dated 7.8.2015 this

Court had permitted the Applicant to withdraw the amount of

Rs.5,00,000/- with accrued interest without furnishing any

security and had directed the Tribunal to invest the balance

amount under Fixed Deposit. Liberty was granted to the Applicant

to file appropriate application for withdrawal of further amount, if

necessary.

4. It is stated that the Applicant - claimant is unable to do any

work in view of the injuries sustained in the accident, and that he

has no other source of income.

5. Shri Jinsiwale, learned Counsel for the Appellant-Insurance

Company opposes the request on the ground that the vehicle was

not involved in the accident.

6. Having gone through the records and after having

considered the reasons stated in the judgment, the grounds stated

in the memo of appeal, and further considering the reasons stated

pps 2 of 3

10 IA 1203-21.doc

by the Applicant in the present application, the Applicant is

permitted to withdraw further amount of Rs.5,00,000/-, (Rupees

Five Lakhs) with proportionate interest accrued thereon, subject to

giving an undertaking that he shall refund the said amount with

interest, in the event the Appellant-Insurance Company succeeds

in the appeal.

7. Application stands disposed of.

                                          (ANUJA PRABHUDESSAI, J.)




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