Archana Vidyasagar Pawar And Ors vs Iffco-Tokio General Insurance ...
2021 Latest Caselaw 14496 Bom

                                                               8-ia-2706-2021.doc




             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIVIL APPELLATE JURISDICTION

                       INTERIM APPLICATION NO.2706 OF 2021
                                        IN
                        FIRST APPEAL (ST.) NO.24274 OF 2019

Archana Vidyasagar Pawar and Others                     ...Applicants
      vs.
Iffco-Tokio General Insurance Co. Ltd.                  ...Respondent

Ms. Deepika Prabhala i/b. Res Juris, for the Applicants
Mr. Mahindra Deshmukh, for Respondent Nos. 1 to 4.

                               CORAM :   N. J. JAMADAR, J.
                               DATE :    OCTOBER 05, 2021

P.C.:

.       Heard the learned counsel for the parties.

2.      This application is preferred seeking permission to withdraw

the amount of compensation deposited by the respondent-insurer in

pursuance of the judgment and award dated 7 th March, 2019 in

Application No. 74 of 2016 passed by the learned Member, MACT,

Sangli.

3.      The applicants aver that the deceased was the sole earning

member of the family. The applicants are in dire need of the amount

to meet the necessities of life as well as for the educational expenses

of applicant Nos. 2 and 3.

4.      The learned Member of the Tribunal, in order to protect the

interest of the applicant Nos. 2 and 3, who were then minors, had



Vishal Parekar, P.A.                                                         ...1
                                                              8-ia-2706-2021.doc




directed that the amount falling to the share of the applicant Nos. 2

and 3 be deposited in a nationalized bank. The applicant Nos. 1 and

4, the widow and mother of the deceased, were permitted to

withdraw a certain portion of the amount and the rest was directed

to be kept in a fxed deposit. The applicant No. 3 Omkar Pawar is

stated to be 13 years of age. However, the applicant No. 2 Samrudhi

Pawar seems to have attained majority.

5.      In the totality of the circumstances, it would be expedient to

allow the applicants to withdraw specifc amounts, so that the

apportion made by the learned Member, Tribunal is not disturbed.

The application, therefore, deserves to be allowed. Hence, the

following order.



                                ORDER

1] The application stands partly allowed.

2] The applicant Nos. 1 and 2 are permitted to withdraw the

amount of Rs. 10 lakhs each and the applicant No. 4 is permitted to

withdraw the amount of Rs. 7 lakh and the applicant No. 2 is

permitted to withdraw the amount of Rs. 5 lakh, through applicant

No.1-mother.

3] The applicants shall, however, furnish an undertaking before

the learned Member, MACT, Sangli to bring back the aforesaid

Vishal Parekar, P.A. ...2 8-ia-2706-2021.doc

amount in the event the appeal is allowed and it is held that they

are not entitled to the compensation.

4] Application accordingly stands disposed of.

                                          (N. J. JAMADAR, J.)




Vishal Parekar, P.A.                                                     ...3