Smt. Muktabai Madhav Ugale vs The Divisional Manager, The New ...
2021 Latest Caselaw 8367 Bom

                                                                   31-fa-934-19.doc


                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         CIVIL APPELLATE JURISDICTION

                     CIVIL APPLICATION (ST) NO. 22813 OF 2018
                                        IN
                           FIRST APPEAL NO. 934 OF 2019

      Smt. Muktabai Madhav Ugale & Ors.                              ..Applicants

      In the matter between

      The Divisional Manager,
      New India Assurance Co. Ltd. Nashik                            ..Appellant

                     v/s.

      Smt. Muktabai Madhav Ugale & Ors.                      ..Respondents

      Mr. Sachin Gite for the Applicant.
      Mr. H.G.Misar for the Appellant-Insurance Company.


                      CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : JUNE 23, 2021.

P.C.

1. The applicants, who are the Original Claimants have sought

withdrawal of the compensation amount deposited by the Insurance

Company as per the judgment and award dated 24.11.2015 passed

by the MACT. Nashik in MACP No.828 of 2012.

2. By the impugned judgment and award the Claims Tribunal has

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31-fa-934-19.doc

awarded compensation of Rs.23.92.210/- with interest at the rate of

8% per anum from the date of the petition till realization.

3. The Applicants claim that they are senior citizens and that they

are in need of money for medical expenses and other day to day

expenses. Having considered the grounds raised in the appeal memo

and the reasons stated in the application, the applicants-original

claimants are allowed to withdraw 50% of the compensation

alongwith proportionate interest accrued thereon. Suffice it to say

that the withdrawal is subject to final outcome of the appeal.

4. The Applicants shall furnish an undertaking before the tribunal

that they will abide by the final orders that may be passed in this

appeal.

5. The MACT, to re-invest the balance amount in the names of the

respective Applicants, in any nationalized bank after making the

payment as stated above.

6. Civil application stands disposed of.

                                           (ANUJA PRABHUDESSAI, J.)




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