National Insuranec Company ... vs Nandkumar Baburao Kumbhar And Ors
2022 Latest Caselaw 1667 Bom

                                                          10-FA(ST)-IA-3625-2019-IA-3624-2019.doc




                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                      CIVIL APPELLATE JURISDICTION

                                    FIRST APPEAL (ST) NO.30677 OF 2019
                                                    IN
                                   INTERIM APPLICATION NO.3625 OF 2019
                                                   WITH
                                   INTERIM APPLICATION NO.3624 OF 2019
                                                    IN
                                    FIRST APPEAL (ST) NO.30677 OF 2019

                      NATIONAL INSURANCE COMPANY LIMITED )...APPLICANT

                            V/s.

                      NANDKUMAR BABURAO KUMBHAR & ORS. )...RESPONDENTS

                                                  WITH

                                   INTERIM APPLICATION NO.587 OF 2022
                                                    IN
                                    FIRST APPEAL (ST) NO.30677 OF 2019

                      NANDKUMAR BABURAO KUMBHAR & ORS. )...APPLICANTS

                            V/s.


                      NATIONAL INSURANCE COMPANY LIMITED )
                      AND OTHERS                         )...RESPONDENTS


                      Mr.P.A.Narayanan, Advocate for the Appellant and Applicant in
                      I.A.No.3624 of 2019 and I.A.No.3625 of 2019.
                      Mr.Amol Gatne, Advocate for the Respondent No.6.


ARTI
VILAS
KHATATE
                      AVK                                                                1/4
Digitally signed by
ARTI VILAS
KHATATE
Date: 2022.02.17
17:12:53 +0530
                                          10-FA(ST)-IA-3625-2019-IA-3624-2019.doc




Mr.Pritesh Bohade, Advocate for Applicant in I.A.No.587 of 2022.


                               CORAM       : V. G. BISHT, J.

                               DATE        : 17th FEBRUARY 2022

P.C. :



1        The applicant has moved the application for withdrawal of

amount deposited by the original appellant pursuant to the

judgment and Award dated 30th December 2014 passed by the

learned Member, MACT, Satara in Motor Accident Claim Petition

No.352 of 2007.

2 Heard learned counsel for both the parties. Learned counsel

for the original appellant has objected the application.

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

applicant, applicant is allowed to withdraw 50% of the

compensation amount as per the judgment and order and

apportionment made in paragraph no.2 of the order dated 30 th

AVK 2/4 10-FA(ST)-IA-3625-2019-IA-3624-2019.doc

December 2014 in Motor Accident Claim Petition No.352 of

2007. The applicant is 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 a nationalized bank.

5 Interim Application No.587 of 2022 is allowed and stands

disposed of accordingly.

6 The reasons attributed for delay of 1656 days in filing the

present appeal are explained in Interim Application No.3624 of

2019. The same are accepted and delay in filing the present

appeal is condoned subject to payment of costs of Rs.5,000/- to

be deposited with High Court Legal Aid Services.

AVK 3/4 10-FA(ST)-IA-3625-2019-IA-3624-2019.doc

7 Interim Application No. 3624 of 2019 is allowed and stands

disposed of accordingly.

8     The appeal be numbered.



9     Place the First Appeal for Admission along with Interim

Application No.3625 of 2019 on 16th March 2022.

                                        (V. G. BISHT, J.)




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