Shri. Mahesh Nathu Polekar vs The New India Assurance Co. Ltd. ...
2022 Latest Caselaw 2021 Bom

                                                                         8-FA(ST)-19411-2016.doc




                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                         CIVIL APPELLATE JURISDICTION

                                      INTERIM APPLICATION NO.1598 OF 2020
                                                       IN
                                         FIRST APPEAL NO.19411 OF 2016

                      SHRI.MAHESH NATHU PALEKAR                      )...APPELLANT

                               V/s.

                      THE NEW INDIA ASSURANCE CO. LTD.               )
                      AND ANR.                                       )...RESPONDENTS


                      Mr. Nikhil Mehta i/by. Ms. Shalini Shankar, Advocate for the
                      Appellant.
                      Mr. Yogesh Pande, Advocate for the Respondent No.1.


                                                      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 16th December 2015 passed by the

learned Additional Member, MACT, Pune in Motor Accident

Claim Petition No.505 of 2014.

                      AVK                                                               1/2

ARTI
VILAS
KHATATE
Digitally signed by
ARTI VILAS
KHATATE
Date: 2022.02.26
15:25:09 +0530
                                                    8-FA(ST)-19411-2016.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 apportionment in paragraph no.B in

the judgment and award dated 16th December 2015 passed by

the learned Additional Member, MACT, Pune in Motor Accident

Claim Petition No.505 of 2014. 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an undertaking of returning the said amount to be withdrawn in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.

                                         (V. G. BISHT, J.)

AVK                                                               2/2