Smt.Poonam Gupta vs Cholamandalam Ms General ...
2022 Latest Caselaw 12941 Bom

                                                                    11-1-IA-839-22.doc

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

                          INTERIM APPLICATION NO. 839 OF 2022
                                            IN
                          FIRST APPEAL (ST) NO. 34359 OF 2018


      Smt. Poonam Gupta                                       ...Applicant (App
                                                              is Ori.Resp. No.1)

                Versus

      Divisional Manager & Ors.                               ...Respondents

                In the matter between

      Divisional Manager                                      ...Appellant

                Versus

      Smt. Poonam Gupta & Ors.                                ...Respondents

                                         ----------
      Mr. Yogesh Pande for the Applicant/Respondent No. 1 in IA/839/22.
      Mr. R. Kanojia i/by Res Juris for the Appellant.
                                         ----------

                                         CORAM : R.I. CHAGLA J

                                           DATE       : 13 December 2022

      ORDER :

1. The Applicant/original Respondent No. 1 has sought

permission to withdraw her share of the award amount along with

11-1-IA-839-22.doc

the interest receivable without furnishing any security for the same.

2. By an order dated 28th March 2019 this Court stayed

the execution, implementation and operation of impugned judgment

and award dated 19th April 2018 passed by the Member of Motor

Accident Claims Tribunal, Pune in MACP No.129 of 2015.

3. This was subject to the Appellant/Insurance Company

depositing the entire awarded amount with interest within the

stipulated time. The Appellant/Insurance Company has thereafter

deposited the entire awarded amount with interest within the

stipulated time. By this very same order dated 28th March 2019, the

Applicant herein, who was wife of the deceased was permitted to

withdraw 20% amount without furnishing any security. The

Claimant-Shree Prasad Shah, who is the father of the deceased, was

entitled to 5% amount without furnishing any security and the

Claimant-Saroj Gupta, mother of the deceased was entitled to

withdraw 5% amount without furnishing any security.

4. The Applicant has stated that she is the ultimate and

unfortunate sufferer due to the accident. She has lost her bread

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earner husband in the accident. He was engaged in business activities

with annual earning of over Rs. 15/- Lakhs. His tragic death has

caused severe financial loss to the Applicant. The Applicant is in

extreme need of money for her survival and maintenance and hence,

this Application is made for allowing her to withdraw additional

amount deposited by the Appellant/Insurer Company.

5. Learned Advocate appearing for the Applicant has

referred to the operative part of the impugned judgment and award

of Additional Member of Motor Accident Claims Tribunal, Pune who

has allowed the amount to be distributed amongst the Applicant and

Opponent Nos. 3 and 4 (father and mother of the deceased) to the

extent of 60% and 40% respectively. He has accordingly, submitted

that there is no objection to the Application for withdrawal of the

additional amount provided it is proportionate to her share as

provided in the operative part of the impugned judged and order.

6. Learned Advocate appearing for the Appellant/Insurance

Company has submitted that the issue is as to quantum of the

compensation awarded by the Motor Accident Claims Tribunal, Pune.

He has submitted that the Application which had been filed by the

11-1-IA-839-22.doc

Applicant herein and in which Opponent Nos. 3 and 4 who are the

father and mother of the deceased are joined as Respondents.

7. I have considered the averments. In my view, considering

the hardship made out by the Applicant in the Interim Application as

well as her extreme need of money for her survival and maintenance

as well as considering the order which had been passed by this Court

on 28th March 2019 allowing the Applicant to withdraw 20%

amount without furnishing any security had been passed nearly 3 1/2

years back, the Application is partly required to be allowed with

safeguards. Hence, the following order is passed.:-

(i) The Applicant is permitted to withdraw additional

30% of the amount deposited by the

Appellant/Insurance Company, subject to furnishing

an undertaking within two weeks that if the Appellant

succeeds in the Appeal, the Applicant herein shall

return the amount with interest at such rate as this

Court determines.

(ii) If the total amount of 50% of the amount deposited is

11-1-IA-839-22.doc

withdrawn by the Applicant which includes the earlier

20% withdrawn by the Applicant, balance amount

shall be invested by the Motor Accident Claims

Tribunal in fixed deposit with a nationalised bank as

had been directed by the previous order dated 28th

March 2019.

(iii) This order is passed in accordance with the liberty

which has been granted to the Applicant herein to

prefer appropriate application for withdrawal of the

remaining amount, which shall be determined on

merit.

(iv) Interim Application is accordingly, disposed of.

[R.I. CHAGLA J.]