Sunita Rajendra Pawar And Ors vs The Divisional Manager, The New ...
2021 Latest Caselaw 14712 Bom

                                                                               2-ia-2765-2021-fa-2431-2011.doc




                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CIVIL APPELLATE JURISDICTION

         Digitally
         signed by
                                             INTERIM APPLICATION NO. 2765 OF 2021
                                                              IN
         SHRADDHA
SHRADDHA KAMLESH
KAMLESH TALEKAR

                                                 FIRST APPEAL NO. 2431 OF 2011
TALEKAR  Date:
         2021.10.07
         18:03:33
         +0530



                      1. Smt. Sunita Rajendra Pawar
                      & 3 Ors.                                           ... Applicants

                      In the matter between :

                      The New India Assurance Co. Ltd.                   ... Appellant
                           vs.
                      1. Smt. Sunita Rajendra Pawar
                      & 8 Ors.                                           ... Respondents

                      Mr. Pritesh K. Bohade, for applicants/orig. respondents.
                      Mr.Shubham Misar i/b Adv. H.G. Misar for appellant and for
                      respondent in IA.

                                                 CORAM : N. J. JAMADAR, JJ.

DATE : 7th OCTOBER , 2021

P.C.:

1. Heard the learned counsel for the applicants and the learned

counsel for the respondent-appellant.

2. This application is preferred seeking permission to withdraw

further amount of award dated 3-09-2010 in MACP No. 508/2006

passed by learned Member, MACT, Nashik, whereby the opponent

Nos.1 and 2 thereto, were jointly and severally ordered to pay

Shraddha Talekar, PS 1/3 2-ia-2765-2021-fa-2431-2011.doc

compensation of Rs.4,50,000/- to applicant Nos.1, 2, 3 and 5,

alongwith interest @ 8% per annum from the date of application till

realization.

3. By an order dated 13th June 2011, while granting ad-interim

stay to the execution and operation of the impugned judgment and

award, upon deposit of the amount in terms of the award, the

applicants were permitted to withdraw a sum of Rs.50,000/- only,

without security.

4. In the application, the applicants have ascribed the reasons

which constrained them to file application for withdrawal of further

amount. In the backdrop of the situation in life, which the applicants

find themselves in the prevailing circumstances, the claim of the

applicants for withdrawal of more amount, cannot be said to be

unreasonable. The applicants require the amount to meet the

necessities of life.

5. The learned counsel for the respondent-appellant resisted the

prayer of withdrawal.

6. The concern of the appellant-insurer can be addressed by

directing the applicants-claimants to file an undertaking to bring

back the amount in the event the appeal is allowed.

Shraddha Talekar, PS                                                            2/3
                                                                2-ia-2765-2021-fa-2431-2011.doc




7.       Hence, the following order :

                                       ORDE R

         (i)      The applicants are entitled to withdraw 60% of the

amount which stands to the credit of the applicants as of

1-10-2021, subject to furnishing an undertaking to bring back

the amount in the event, the appeal is allowed and it is held

that the applicants-claimants are not entitled to the

compensation.

The application stands disposed of.

All concerned shall act on an authenticated copy of

this order.

                                            (N. J. JAMADAR, J.)




Shraddha Talekar, PS                                                                     3/3