Smt. Kasturbai Baba Kavathe And ... vs National Insurance Co. Ltd. ...
2022 Latest Caselaw 1346 Bom

                                                                     11-IA-3571-2019.odt



                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CIVIL APPELLATE JURISDICTION


                                       INTERIM APPLICATION NO. 3571 OF 2019
                                                        IN
                                          FIRST APPEAL NO. 1748 OF 2019


                      Kasturbai Baba Kavathe and Ors.           ... Applicants


                      IN THE MATTER BETWEEN


                      National Insurance Co. Ltd.               ... Appellant
                            Versus
                      Kasturbai Baba Kavathe and Ors.           ... Respondents


                      Mr. R. B. Vijaymane, for the Applicants and for Respondent Nos. 1 to 4
                      in FA/1748/2019.
                      Smt. Harshada Rane, for the Appellant in FA 1748/2019 and for
                      Respondent in IA 3571/2019.


                                                 CORAM : V. G. BISHT, J.

DATE : 8th February, 2022.

PC:

The Applicant has moved the application for withdrawal of

amount deposited by the original appellant pursuant to the judgment

and Award dated 8th May, 2015 passed by the learned Member, MACT,

Solapur in Motor Accident Claim Petition No. 194 of 2012.

REKHA                 Rekha Patil                                                      1/2
PRAKASH
PATIL
Digitally signed by
REKHA PRAKASH
PATIL
Date: 2022.02.08
17:24:47 +0530
                                                    11-IA-3571-2019.odt

2      Heard learned counsel for both the parties.     Learned Counsel for

original appellant has objected the application.

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

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

per the judgment and order and apportionment made in para 2 of the

Order dated 8th May, 2015 passed in Claim Petition No. 194 of 2012.

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amount to be withdrawn in the event of appeal being allowed with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.

4 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.

5 Interim Application is allowed and accordingly disposed of.

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

                                               (V. G. BISHT, J.)




Rekha Patil                                                          2/2