Ashok Bhimsha Bansode And Ors vs The National Insurance ...
2022 Latest Caselaw 13300 Bom

                                                        8.IA.19027.22 in FAST.11515.22.doc



           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIVIL APPELLATE JURISDICTION

              INTERIM APPLICATION NO. 19027 OF 2022
                                 IN
                FIRST APPEAL (ST.) NO. 11515 OF 2022


Ashok Bhimsha Bansode & Ors.                  ...            Applicants
     Versus
The National Insurance Company Limited & Ors. ...            Respondents

In the matter between

The National Insurance Company Limited           ...         Appellants
     Versus
Ashok Bhimsha Bansode & Ors.                     ...     Respondent Nos.1
                                                 to 4 are Orig. Claimants
                                                 and Respondent Nos.5
                                                 and 6 are Orig. Opp.
                                                 Nos.1 and 2)


Mr. Sachinkumar Rajepandhare for the Applicants/Appellants.
Mr. Sumeet Moholkar for Respondent No.1.


                              CORAM :       R.I. CHAGLA, J.
                              DATED :      20th DECEMBER, 2022.
ORDER :

1 By this Interim Application the Applicant is seeking

permission to withdraw the entire amount deposited by the Appellant

with the M.A.C.T., Solapur in M.A.C.P. No.02 of 2017.

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                                                      8.IA.19027.22 in FAST.11515.22.doc



2             By order dated 29.06.2022 this Court had stayed of the

impugned judgment and award of M.A.C.T., Solapur subject to deposit of

the compensation awarded. By further order dated 15.09.2022 it is

recorded that the Applicant had deposited the entire amount before the

Claims Tribunal, Solapur. Accordingly, execution and implementation of

the impugned judgment and award was stayed pending the hearing of the

Appeal.

3 The Applicants have stated that Applicant No.1 is 76 years

old and is unable to walk, hear and see properly and the doctors have

advised him to undergo a cataract operation. Applicant No.2 is also a

senior citizen suffering from old age disease and doctors have advised for

cataract operation. Applicant Nos.1 and 2 are the parents of the

deceased. Applicant No.3 is stated to be jobless and Applicant No.4 is the

only working member in the family of the Applicants, working in an

electronic showroom. Applicant Nos.1 and 2 have been looking for a

groom for Applicant No.4 but have no money for marriage expenses.

Personal loan has stated to be taken by the Applicant's family which is in

the sum of Rs.2,00,000/-. Accordingly, present Interim Application has

been filed.

4             The learned Counsel for the Appellants has submitted that


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                                                                                       8.IA.19027.22 in FAST.11515.22.doc

there is dispute as to the accident having taken place and that the

Appellants have raised grounds of Appeal to that effect.

5 Having considered the averments in the Interim Application

as well as hardship of the Applicants and taking note of the fact that the

Appellants have deposited the entire amount of compensation awarded by

M.A.C.T., Solapur, the relief is partly required to be granted. Hence, the

following order is passed :

i) The Applicants are permitted to withdraw 60% of the

entire amount deposited by the Appellants with the M.A.C.T.,

Solapur, subject to furnishing an undertaking against

disbursement of the amount that if the Appellants succeeds in

Appeal, the Respondent shall return the amount with interest

at such rate as determined by this Court.

ii) If 60% amount is withdrawn by the Applicants, balance

amount shall be invested by M.A.C.T., Solapur, in fixed

deposit of a nationalized bank.

iii) Interim Application is accordingly disposed of.

Digitally signed by WAISHALI (R.I. CHAGLA, J.) SUSHIL WAISHALI WAGHMARE SUSHIL Date:

WAGHMARE   2022.12.22
           14:29:28
           +0530              Waghmare                                                                              3/3