Bombay High Court
The New India Assurance Company ... vs Smt. Kalpana Shivaji Jadhav And ... on 24 March, 2022
Bench: Bharati Dangre
1/3 9 FA st 6537-17.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL (ST) NO.6537 OF 2017
WITH
CIVIL APPLICATION NO. 4103 OF 2017
WITH
CIVIL APPLICATION NO. 4102 OF 2017
The New India Assurance Co.Ltd. .. Appellant
Versus
Kalpana Shivaji Jadhav & Ors. .. Respondents
WITH
INTERIM APPLICATION (ST) NO.97856 OF 2020
WITH
FIRST APPEAL (ST) NO.6537 OF 2017
Kalpana Shivaji Jadhav & Ors. .. Applicants
Versus
The New India Assurance Co.Ltd . .. Respondents
...
Mr.Shrikant M. Dange for the Appellant.
Mr.Harshad M. Inamdar for the Respondent Nos.1 to 4 and for
the Applicants in IAST/97856/20.
...
M.M.Salgaonkar
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2/3 9 FA st 6537-17.doc
CORAM: BHARATI DANGRE, J.
DATED : 24th MARCH, 2022
P.C:-
CIVIL APPLICATION NO.4102 OF 2017
1. By the present application, the applicant/appellant-
Insurance Company prays for condoning the delay of 89 days
in fling the appeal.
Pursuant to the notice issued on the last date, the
respondents have put their appearance through the learned
counsel.
2. Perusal of the application would reveal that the delay is
procedural and bona fde. Hence, the application is allowed in
terms of prayer clause (a).
INTERIM APPLICATION (ST) NO.97856 OF 2020
3. By the present application, the applicants/ respondents
to the appeal seek withdrawal of the amount of compensation,
in the wake of the fnancial crunch on account of death of the
sole earning member of their family i.e. the husband of
applicant No.1 and father of applicant Nos.2, 3 and 4.
The application pleads that the deceased was the bread-
earner of the family and the entire family was dependent on
him. Since, the children are now taking education, it has
become diffcult to manage the affairs of the family, without
any independent source of livelihood and income.
M.M.Salgaonkar
3/3 9 FA st 6537-17.doc
4. Pursuant to the stay granted to the impugned judgment,
the Insurance Company has deposited an amount of
Rs.39,98,031/- before the Tribunal on 10/04/2019.
5. On hearing the learned counsel for the applicants and the
learned counsel for the Insurance Company and on
appreciating the hardship, which is faced by the applicants, I
deem it expedient to grant the application by permitting 50%
withdrawal of the amount deposited by the Insurance
Company before the Tribunal. However, this withdrawal is
subject to an undertaking being fled by the applicants before
the Tribunal that in case the Insurance Company succeeds in
the appeal, they shall remit back the amount alongwith the
interest that would be levied.
With the aforesaid, the interim application stands
disposed off.
FIRST APPEAL (ST) NO.6537 OF 2017
6. Admit.
7. The learned counsel Mr.Bhadbhade waives service of
notice on behalf of respondent Nos.1 to 4.
8. The appellant shall prepare a private paper-book and fle
it within a period of six months from today. Upon the aforesaid
compliance, the parties are at liberty to circulate the appeal
for fnal hearing.
( SMT. BHARATI DANGRE, J.)
M.M.Salgaonkar
