New India Assurance Com. Ltd vs Smt. Anita Shahaji Adake And Ors
2021 Latest Caselaw 14928 Bom

                   sat                                                                 15. fast 98793-2020



                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CIVIL APPELLATE JURISDICTION

                                          FIRST APPEAL (ST) NO. 98793 OF 2020
                                                         WITH
                                         INTERIM APPLICATION NO. 2874 OF 2021

                         New India Assurance Co.Ltd.                  ...Appellant
                              vs.
                         Smt.Anita Shahaji Adake & Ors.               ...Respondents/Applicants

                         Ms.Deepika Prabhala i/b. Res Juris for Appellant.
                         Mr.Mahindra Deshmukh for Respondent Nos.1 to 5.

                                                            CORAM : BHARATI DANGRE, J.

DATED : 12 OCTOBER 2021

P.C. :

1. Heard learned Counsel for the Appellant, Respondents/original claimants are represented by learned Counsel, Mr.Mahindra Deshmukh.

2. Admit. Counsel for the Appellant states that the appeal is preferred on limited ground, i.e. that is the quantum of compensation and the ground of statutory defence. She states that the appeal itself can be worked out finally.

3. If the Appellant is desirous of proceedings with the final hearing of the first appeal, steps shall be taken to file private paper book. Liberty is granted to circulate the appeal for hearing on filing of such paper book.

INTERIM APPLICATION NO. 2874 OF 2021

4. The said application is taken out by the claimants seeking Digitally signed by SANSKRUTI A SANSKRUTI THAKUR A THAKUR Date:

2021.10.14 14:24:07 +0530

sat 15. fast 98793-2020

withdrawal of the amount deposited by the Appellant with the Motor Accident Claims Tribunal, Sangli in Claim Petition No.55/2018. It is informed that an amount of Rs.23,39,947/- is deposited and the withdrawal is sought on the ground that the Applicants were dependent on the deceased and he was only earning member of the family. As far as Applicant Nos.2 an 3 are concerned, they are minors and prosecuting their education whereas Applicant Nos.1, 4 and 5 are the widow and parents of the deceased Shahaji, and they are in dire need of the money which they seek to withdraw as their day to day existence is dependent on the said money.

5. I am convinced with the reasons stated in the application, by which the Applicants are staking a claim for withdrawal of the amount. Learned Counsel fairly state that the Applicants may be permitted to withdraw 50% of the amount which shall be computed by taking into account the interest accruing on the deposited amount, till 30 September 2021.

On the amount permitted to be withdrawn, it shall be apportioned between Applicant No.1 and 3, on the one hand and Applicants Nos.4 and 5, on the other hand, in terms of para 3 of the impugned order passed by the MACT on 24 July 2019.

While the amount is permitted to be withdrawn, the Applicants shall submit an undertaking before the Tribunal to the effect that they shall repay the amount along with interest that will be levied by the court, in case the appeal filed by the Insurance company is allowed and the impugned judgment of MACT in favour of the Applicants is set aside.

(SMT. BHARATI DANGRE, J.)