Smt. Namrat Vishe And Ors vs Iffco Tokio General Insuramnce
2021 Latest Caselaw 4119 Bom

                                                                            4-2309-2017-CAFst=.doc


                       Uday S. Jagtap


                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CIVIL APPELLATE JURISDICTION

                                        CIVIL APPLICATION (ST.) NO. 2309 OF 2017
                                                           IN
                                               FIRST APPEAL NO. 50 OF 2019

                       Smt. Namrat Vishe & Ors.                             .. Applicants /
                                                                            Orig. respondents
                            Vs.
                       IFFCO TOKIO General Insurance                        .. Respondent /
                                                                            Orig. Appellant

                                                          .....
                       Mr. Parikshit P. Chakurkar for the applicants
                       Mr. Nikhil Mehta i/b KMC Legal Venture for the respondent - insurer

                                                        CORAM : PRITHVIRAJ K. CHAVAN, J.

DATED : 5th MARCH, 2021 P.C.

1. By this application, the applicants seek to withdraw the amount of compensation with accrued interest deposited by the respondent - insurer in M.A.C.T. Thane.

2. The M.A.C.T., Thane by judgment and award dated 21 st May, 2013 passed in M.A.C.P. No. 965 of 2009 awarded compensation of Rs.7,25,136/- with interest at the rate of 7% p.a. to the claimants from the date of filing of the application till its realization.

3. Heard Mr. Chakurkar, for the applicants. He submits that after the death of the deceased in a motor vehicle accident, only earning member of the family is applicant no.3, who is a labourer. The family being very poor are in dire need of money for their survival and also to look after applicant no.2 who is 8 years old.

          Digitally
          signed by
          UDAY
UDAY      SHIVAJI
SHIVAJI   JAGTAP
          Date:
JAGTAP    2021.03.08
          17:44:03
          +0530
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                                                 4-2309-2017-CAFst=.doc

4. Mr. Mehta, learned Counsel for the appellant - insurer objects the prayer of the applicants.

5. Having considered the submissions, at this stage, the applicants are permitted to withdraw 50% of the amount of compensation with accrued interest. The applicant nos. 1 and 3 shall furnish an undertaking within two weeks that if the appellant

- insurer succeeds in appeal, the applicants shall refund 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 applicants do not file an undertaking within the aforesaid period, the amount deposited by the appellant - insurer shall be invested by the M.A.C.T in a fixed deposit in any Nationalized Bank for a period of one year and thereafter for one more year again after obtaining order from this Court.

7. If 50% amount is withdrawn by the applicants, 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.

(PRITHVIRAJ K. CHAVAN, J.)

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