Dinesh L Jha vs The Bombay Electric Supply And ...
2022 Latest Caselaw 12577 Bom

                                                               31-IA-20428-2022.doc

Sharayu Khot.
                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          CIVIL APPELLATE JURISDICTION

                         INTERIM APPLICATION NO.20428 OF 2022
                                           IN
                          FIRST APPEAL (ST.) NO.23059 OF 2022


      Dinesh Laxminarayan Jha                             ...Applicant

                In the matter between

      BEST Undertaking                                    ...Appellant

                Versus

      Dinesh Laxminarayan Jha                             ...Respondent

                                        ----------
      Mr. T.J. Mendon for Applicant in IA No.20428 of 2022 and for
      Respondent in FA.
      Mr. Hemal i/b. Navdeep Vora and Associates for the Appellant and
      Applicant in IA No.18855 of 2022 and IA No.18854 of 2022.
                                        ----------

                                        CORAM : R.I. CHAGLA J

                                         DATE        : 05 December 2022

      ORDER :

1. By this Interim Application, the Applicant is seeking

permission to withdraw the amount deposited in the lower Court by

the Appellant.

31-IA-20428-2022.doc

2. By order dated 4th October 2022, this Court had

recorded the statement of the learned Counsel for the Appellant that

the entire amount awarded by the impugned judgment and order will

be deposited with the MACT, Mumbai within four weeks. By virtue of

the statement, the implementation and execution of the impugned

judgment and award was stayed till the next date of hearing.

Pursuant to the said order dated 4th October 2022, the Appellant has

deposited the entire amount with the MACT, Mumbai.

3. The Applicant seeks withdrawal of the amount.

4. The Applicant was awarded an amount of Rs.

51,07,463/- by the MACT, Mumbai inclusive of amount paid under

no fault liability with interest at the rate of 7.5% per annum from the

date of Application till the realization of the amount.

5. The Applicant was 51 years old at the time of accident

and was a carpenter. Due to the accident, the Applicant sustained

serious injuries and disability of 44% as held by MACT, Mumbai. The

Applicant has stated that due to the injuries sustained in the accident,

he could not carry out work as carpenter. The Applicant further

31-IA-20428-2022.doc

stated that substantial amounts were extended towards the medical

and hospital expenses. The Applicant would further require to spend

towards the future medical expenses for the rest of his life. The

Applicant has further stated that he has undergone great hardship

and is not in a position to spend towards the day-to-day expenses.

Accordingly, the present Interim Application has been filed.

6. Having considered the averments in the Interim

Application as well as taking note of the impugned judgment and

order which had awarded compensation to the Applicant for the

disability of 44% due to the injury suffered on account of the

accident as well as the amount with interest at 7.5% from the date of

Application till the realization of the entire amount, the Applicant has

made out a case for withdrawal of 50% of the entire amount

deposited by the Appellant with the MACT, Mumbai pursuant to the

order dated 4th October 2022. Hence, the following order is

passed. :-

(i) The Applicant is permitted to withdraw 50% of the

amount deposited by the Appellant before the MACT,

Mumbai upon furnishing an undertaking of the

31-IA-20428-2022.doc

Appellant against disbursement of the amount that if

the Appellant succeeds in the First Appeal, the

Applicant shall return the amount with interest at such

rate as determined by this Court.

(ii) If 50% is withdrawn by the Applicant, balance amount

shall be invested in a fixed deposit of a nationalised

bank.

(iii) Interim Application is accordingly, disposed of.

[R.I. CHAGLA J.]