Smt. Rukhmini Yashwant Dhope And ... vs National Insurance Company Ltd
2022 Latest Caselaw 1841 Bom

                                                                           9-CA-2799-2019.doc




                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                       CIVIL APPELLATE JURISDICTION

                                     CIVIL APPLICATION NO.2799 OF 2019
                                                     IN
                                     FIRST APPEAL (ST) NO.30122 OF 2016

                     SMT. RUKHMINI YASHWANT DHOPE & ANR. )...APPLICANTS

                              V/s.

                     NATIONAL INSURANCE COMPANY LTD.                )...RESPONDENT


                     Mr. P.J.Pawar, Advocate for the Applicant.
                     Mr. Amol Gatne, Advocate for the Appellant.
                     Smt. Nidhi Bangera a/w. Smt. Deepika Prabhala i/by. Res Juris,
                     Advocate for Respondent No.4.
                                                     CORAM : V. G. BISHT, J.

                                                     DATE      : 23rd 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 January 2016 passed by the

learned Member, MACT, Satara in Motor Accident Claim Petition

No.597 of 2010.

                     AVK                                                              1/2

        Digitally
        signed by
        ARTI
ARTI    VILAS
VILAS   KHATATE
KHATATE Date:
        2022.02.23
        16:49:46
        +0530
                                                       9-CA-2799-2019.doc




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 nos.2 and 3 of the order dated

30th January 2016 passed by the learned Member, MACT, Satara

in Motor Accident Claim Petition No.597 of 2010. 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be withdrawn in the event of appeal being allowed with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 is allowed and stands disposed of

accordingly.

6 Place the First Appeal for Admission on 28th March 2022.

                                         (V. G. BISHT, J.)

AVK                                                              2/2