Mr. Jalindar Mahadeo Kapse And Ors vs National Insurance Company Ltd
2022 Latest Caselaw 1843 Bom

                                                                               9-CA-2794-2019.doc




                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                           CIVIL APPELLATE JURISDICTION

                                      CIVIL APPLICATION NO.2794 OF 2019
                                                      IN
                                      FIRST APPEAL (ST) NO.30117 OF 2016

                     JALINDHAR MAHADEO KAPSE & ORS.                     )...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 30 th January 2016

passed by the learned Member, MACT, Satara in Motor Accident

Claim Petition No.596 of 2010.

                     AVK                                                                  1/2

        Digitally
        signed by
        ARTI
ARTI    VILAS
VILAS   KHATATE
KHATATE Date:
        2022.02.23
        16:49:50
        +0530
                                                       9-CA-2794-2019.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 no.2 of the order dated 30 th

January 2016 passed by the learned Member, MACT, Satara in

Motor Accident Claim Petition No.596 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be withdrawn in the event of appeal being allowed with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