Mr. Ramesh Shankarlal Bhanushali vs New India Assurance Company Ltd. ...
2022 Latest Caselaw 2016 Bom

                                                                       12-CAF(ST)-11289-2019.doc




                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                           CIVIL APPELLATE JURISDICTION

                                      CIVIL APPLICATION (ST) NO.11289 OF 2019
                                                         IN
                                            FIRST APPEAL NO.1025 OF 2017

                      RAMESH SHANKARLAL BHANUSHALI                   )...APPLICANT

                               V/s.

                      NEW INDIA ASSURANCE COMPANY LTD.               )
                      AND ANOTHER                                    )...RESPONDENTS


                      Ms. Ayodhya Patki i/by. Mr. Nitesh Bhutekar, Advocate for the
                      Applicant in C.A.F. (ST) No.11289 OF 2019 and for the
                      Respondent in F.A.1025 OF 2017.
                      Ms. Pooja Yadav i/by, Mr.D.R.Mahadik, Advocate for the
                      Appellant in F.A.1025 OF 2017.


                                                       CORAM : V. G. BISHT, J.

                                                       DATE     : 26th 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 23rd December 2016 passed by the

AVK 1/3

ARTI VILAS KHATATE Digitally signed by ARTI VILAS KHATATE Date: 2022.02.26 15:25:10 +0530 12-CAF(ST)-11289-2019.doc

learned Incharge Member, MACT, Mumbai in Motor Accident

Claim Petition No.823 of 2009.

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 apportionment in paragraph no.2 in

the judgment and award dated 23rd December 2016 passed by

the learned Incharge Member, MACT, Mumbai in Motor Accident

Claim Petition No.823 of 2009. 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an undertaking of returning the said amount to be withdrawn in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.

AVK                                                                2/3
                                                 12-CAF(ST)-11289-2019.doc




5     Interim Application is allowed and stands disposed of

accordingly.



6     Place the First Appeal for Admission on 30th March 2022.



                                        (V. G. BISHT, J.)




AVK                                                               3/3