Bombay High Court
Mrs. Phooldevi Rambaran Yadav vs The New India Assurance Co.Ltd on 26 February, 2022
Bench: Madhav J. Jamdar
5-CAF-786-2019.DOC
Sonali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.786 OF 2019
IN
FIRST APPEAL (ST) NO. 10359 OF 2016
Mrs. Phooldevi Rambaran Yadav ...Applicant
Versus
The New India Assurance Co. Ltd & Anr ...Respondents
Mr. Dyaneshwar Kale, with Mr. Bajirao Shelke i/b. Mr. Ashish
Agarkar, for the Applicant.
Mr. Ketan Joshi i/b Mr. Davendranath Joshi, for Respondents.
CORAM Madhav J. Jamdar, JJ.
DATED: 26th February 2022
PC:-
SONALI
MILIND
PATIL 1. The Applicant i.e. Respondent No.2 by the present Civil
Application seeks withdrawal of the amount deposited by the
Digitally signed by
SONALI MILIND PATIL
Date: 2022.02.28
18:04:55 +0530
New India Assurance Company Ltd in MACP No.131 of 2012.
2. By separate order passed today, i.e. on 26th February
2022, the First Appeal is admitted. In the First Appeal the
challenge is to the judgment and award dated 8th September
2015 passed by the learned Member, MACT Thane granting
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5-CAF-786-2019.DOC
compensation of Rs.13,10,000/- including No Fault Liability
Compensation, with interest @ 8% per annum from the date
of Petition till realization of the amount. By order dated 27th
September 2018 passed in Civil Application No. 2887 of 2016,
the learned Single Judge has granted stay to the execution of
the judgment and award on the conditions that the entire
amount is deposited in the Tribunal. Mr. Ketan Joshi, the
learned Advocate appearing for the original Appellant- the
New India Assurance Company Limited, Mumbai states that
the entire awarded amount is deposited before the learned
Tribunal. He opposed the Civil Application for withdrawal of
the amount.
3. However, it is to be noted that the Applicant is the
mother of the deceased, the original claimants are the parents
of the deceased. The deceased was of 26 years old and he was
serving in hotel and was earning Rs.12,500/- per month when
the accident took place. It appears that the parents were
dependant on his income. The accident in question took place
on 7th January 2012 and except N.F.L.C., nothing has been
received by the Applicant.
4. In view of above, this Civil Application for withdrawal of
amount deserves to be allowed partly. The Applicant-original
claimant/mother of the deceased is allowed to withdraw 50%
of the amount deposited before Tribunal along with accrued
interest on the condition that Applicant files an undertaking in
this Court that in the event, the First Appeal is allowed, the
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5-CAF-786-2019.DOC
entire amount withdrawn by the Applicant will be deposited
in this Court as per the further directions passed by this Court
in the First Appeal. The undertaking shall also be filed by the
father of the deceased. The undertakings be filed within a
period of two weeks from today. The learned Tribunal is
directed to pay the said amount to the Applicant within a
period of four weeks from today on the production of copy of
undertaking filed by the Applicant in this Court.
5. Civil Application is disposed of accordingly.
(Madhav J. Jamdar, J)
26th February 2022
