M/S. L And T General Insu. Co.Ltd vs Smt. Radhadevi Yogesh Ojha And Ors
2022 Latest Caselaw 1256 Bom

                                                 04-FA-45-2020, IA-1460-2021.odt

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          CIVIL APPELLATE JURISDICTION

                           FIRST APPEAL NO. 45 OF 2020


M/s L and T General Insurance Company Limited                    ... Appellant
           Versus
Smt. Radhadevi Yogesh Ojha and Ors.                              ... Respondents

                   INTERIM APPLICATION NO. 1460 OF 2021
                                    IN
                        FIRST APPEAL NO. 45 OF 2020

Radhadevi Yogesh Ojha and Ors.                                   ... Applicant

IN THE MATTER BETWEEN

M/s L and T General Insurance Company Limited                    ... Appellant
           Versus
Smt. Radhadevi Yogesh Ojha and Ors.                              ... Respondents

Mr. Abhijit Purushottam Kulkarni, for the Appellant.
Smt. Varsha Chavan, for the Respondents and Applicants in IA No. 1460
of 2021.


                                  CORAM : V. G. BISHT, J.

DATE : 3RD FEBRUARY, 2022.

PC:

The Applicants have moved the application for withdrawal of

amount deposited by the original appellant pursuant to the judgment

and order dated 27th August, 2019 passed by the learned Member, C.R.

No.6, MACT, Mumbai in Claim Application No. 26 of 2013.

Rekha Patil                                                                    1/2





                                                    04-FA-45-2020, IA-1460-2021.odt

2       Heard learned counsel for both the parties.

3       Learned Counsel for the applicants/respondents submits that

respondent No. 7-Sharadadevi Rajnarayan Ojha is dead and since the

apportionment of the claim amount was made by learned Member,

MACT, Mumbai in the impugned judgment and order, in view of death of

respondent No.7, a fresh apportionment will have to be made out.

4 In view of submissions made by learned counsel for the applicants,

applicants are allowed to withdraw 50% of the compensation amount.

However, the learned Member MACT is directed to make a fresh

apportionment of the amount of award in view of the death of

respondent No.7. The applicants are directed to give an undertaking of

returning the said amount to be withdrawn in the event of appeal being

allowed with prevailing rate of interest.

5 The statutory amount of Rs.25,000/- deposited in this Court at the

time of filing of Appeal shall be transferred to the Motor Accident Claims

Tribunal, Mumbai. Rest of the amount to be deposited in the

nationalized bank.

6 Interim Application is allowed and accordingly disposed of.

7 Place the First Appeal for 'Admission' on 8th March, 2022.

                                                     (V. G. BISHT, J.)



Rekha Patil                                                                      2/2