Mohan Gajanan Pradhan And Ors vs National Insurance Co. Ltd. And ...
2021 Latest Caselaw 8368 Bom

                                                                        9 ia 1010-21.doc


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION

                      INTERIM APPLICATION NO. 1010 OF 2021
                                       IN
                           FIRST APPEAL NO. 48 OF 2019

      Mohan Gajanan Pradhan And Ors.                     ..Applicants

                     v/s.

      National Insurance Co. Ltd. & Ors.          ..Respondents

      Mr. T.J.Mendon for the Applicant/s.
      Ms. Ruchika Dave for the Respondent.

                                CORAM : ANUJA PRABHUDESSAI, J.

DATED : JUNE 23, 2021.

P.C.

1. The Applicants herein, who are the original Claimants have

filed this Application for withdrawal of compensation deposited by

the Appellant Insurance Company, as per the Order dated

04.07.2015 in Motor Accident Claim Petition No.490 of 2011.

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

has awarded compensation of Rs.63,64,000/- with interest at the

rate of 7.5% per annum. By order dated 04.07.2018, this Court

had permitted the Applicant No.1, father of the deceased to

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withdraw a sum of Rs.5,00,000/- and the Applicant No.2, mother

of the deceased to withdraw an amount of Rs.10,00,000/- . No

permission was granted to the Applicant No.3, brother of the

deceased to withdraw any amount. Liberty was granted to the

Applicant Nos.1 and 2 to apply to the Court for withdrawal of

further amount after two years, in case of hard pressing needs. In

view of the said liberty given, the Applicants have now sought

withdrawal of further amount.

3. I have perused the records. Having considered the grounds

raised in the appeal memo which are restricted mainly to the

quantum of compensation, and the reasons stated in the

application, in my considered view, the Applicant nos.1 and 2 are

entitled to withdraw further amount to the tune of Rs.10,00,000/-

(Rupees Ten lakhs Only) each with 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

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9 ia 1010-21.doc

the respective Applicants, in any nationalized bank after making

the payment as stated above.

6. Application stands disposed of.

7. The Appeal and the Cross Objection be listed for admission

on 26.07.2021.

8. It is stated that compilation is already filed. Parties are put

to notice that an endeavor will be made to dispose of the appeal at

the stage of admission.

                                           (ANUJA PRABHUDESSAI, J.)




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