Pooja W/O. Mahesh S. Kachchara vs The National Insurance Company ...
2021 Latest Caselaw 15372 Bom

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         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION
                 INTERIM APPLICATION NO.3060 OF 2021
                                       IN
                       FIRST APPEAL NO.646 OF 2014


Pooja w/o Mahesh S. Kachchara               ..        Applicant
        Versus
The National Insurance Company
Limited & Anr.                              ..        Respondents
                                   ...
Mr.T.J.Mendon for the Applicants.
Mr.Nikhil Mehta i/b KMC Legal Venture for the Respondent
No.1.
                                     ...
                          CORAM: BHARATI DANGRE, J.

DATED : 26th OCTOBER, 2021

P.C:-

1. The present application is taken out, seeking permission to withdraw the amount deposited before the MACT at Mumbai by the Appellant.

On 10/06/2014, this Court while issuing the notice on First Appeal, has stayed the effect and operation of the impugned Judgment and Award dated 21/09/2013 passed by the MACT, Mumbai in Application No.2076 of 2005. A statement was made by the Appellant to the effect that the entire decreetal amount alongwith interest and costs shall be deposited in the Tribunal and subject to the said deposit, the judgment was stayed.

M.M.Salgaonkar





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2. As a consequence of the said statement, the noting on the Appeal records that the Insurance Company has deposited an amount of Rs.50,000/- on 24/12/2007, out of which an amount of Rs.37,500/- has been paid to the applicants, on account of no fault liability. Further, a cheque for Rs.21,66,964/- is deposited on 20/06/2014, which is lying in the Tribunal.

3. By the present application, the applicants who are the legal heirs of the deceased and the claimants in the proceedings, seek withdrawal of the amount on account of their precarious fnancial condition and it is stated that the huge expenses were incurred while treating the deceased in the hospital and they have spent their entire savings.

4. Heard learned counsel appearing for the applicants and the respondent-Insurance Company. On perusal of the application, I deem it appropriate to grant the prayer in the application partly by permitting the claimants to withdraw 50% of the amount deposited by the Insurance Company alongwith the interest accrued thereon till 30/09/2021, subject to furnishing an undertaking before the Tribunal that they shall repay the amount along with interest that will be levied by the court, in case of reversal of the impugned judgment. On such an undertaking being fled, the Tribunal shall permit the withdrawal of the 50% amount, as directed.

5. The application stands disposed of in the aforestated terms.

( SMT. BHARATI DANGRE, J.)

M.M.Salgaonkar