Bombay High Court
Shri.Tanaji Daulat Chopade And ... vs Shri.Uday Shantappa Lingade And ... on 31 March, 2022
Bench: Bharati Dangre
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 2926 OF 2021
IN
FIRST APPEAL NO. 1315 OF 2017
Shri Tanaji Daulat Chopade and Anr .. Applicants.
Versus
Shri Uday Shantappa Lingade and .. Respondents
Anr.
WITH
FIRST APPEAL NO. 1315 OF 2017
WITH
CIVIL APPLICATION NO. 3855 OF 2017
Shri Uday Shantappa Lingade .. Appellant/
Applicant
Versus
Shri Tanaji Daulat Chopade and .. Respondents
Anr
...
Mr. Bhalchandra S.Shinde for the Applicant in IA/2926/2021.
Mrs. S. S. Dwivedi for the Respondent no.2 in IA/2926/2021.
...
CORAM: BHARATI DANGRE, J.
DATED : 31st MARCH, 2022
P.C:-
Digitally 1. None for the Appellant.
signed by
RAJESHWARI
RAJESHWARI RAMESH
RAMESH PILLAI
PILLAI Date: rrpillai
2022.04.01
15:53:22
+0530
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2. By the present application the respondent to the
Appeal, who is original claimant seeks withdrawal of the
amount of compensation deposited by the Appellant before
the MACT, Baramati alongwith accrued interest thereon till
today.
3. The Claimant approached the Tribunal at Baramati by
staking his claim under Section 166 of the Motor Vehicle
Act, 1988 on account of amputation of his right leg in a
vehicular accident when he was riding his motor cycle on
25th February, 2014 he was knocked down by a gas tanker
belonging to respondent no. 1 and since he suffered injury
in the accident he was required to undergo medical
treatment resulting in his right leg being amputated and
being fixed with artificial Jaipur foot on his right leg which
also made him incur expenditure. He claims compensation
of Rs. 10,00,000/- along with interest from the opposite
party no. 1 and the insurance company.
4. His application is adjudicated by the Tribunal and the
party no. 1 was directed to pay upto total compensation
amount of Rs.9,30,000/- inclusive of the amount of
Rs.25,000/- towards "No Fault Liability' under Section 140
of M.V. Act ) along with interest @ 9% per annum from the
date of filing of the application till realization of the
amount. Out of the said amount of compensation Rs.
5,00,000/- was directed to be invested in a fixed deposit for
a period of five years in a nationalised bank.
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5. The party no. 1 instituted the First Appeal and subject
to deposit of the amount Awarded under the judgment
along with interest as directed, stay came to be granted by
this Court. The Appellant however deposited only the
principal amount of Rs.9,30,000/- without interest accrued
there upon and this fact was brought to the notice of the
Court on 15th July, 2019 when it was recorded that, since
the applicant had failed to comply with the direction of the
Court directing him to deposit the entire amount of
compensation which included amount of interest the ad-
interim relief granted in the favour of the appellant stood
vacated.
6. The counsel for the applicant/claimant state that he
has filed the execution proceeding before the Tribunal.
He however made a request for withdrawal of the
amount of compensation which is deposited before the
Tribunal, since he and his family are facing huge financial
distress and with the limited mobility of the applicant, his
earnings are limited. It is pleaded that even to meet his
daily requirements, he lacks funds and he also has to take
care as his parents who are senior citizens and at times
require medical attention. His two sons too are in their
primitive years and pursuing education and even they also
require money, for continuing their education.
7. Heard the learned counsel for the appellant and
perused the application and counsel for the respondent no.
2 i.e. the original appellant has chosen to remain absent,
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though copy of the application was served upon the
appellant, the appellant states that affidavit of service is
has already filed on 20th October, 2021.
8. Considering the application and the reasons stated I
deem it fit to grant permission to the applicant to withdraw
the amount of Rs. 9,30,000/- deposited by the appellant
before the tribunal. The Tribunal shall permit the said
withdrawal subject to undertaking being submitted by the
claimant that if the appeal is decided in favour of the
appellant he shall bring back the amount along with
interest to be decided at the time of its hearing.
9. In case amount of Rs.5,00,000/- as directed by the
tribunal is invested in fixed deposit and if the fixed deposit
is nearing completion of its period, by a few weeks or
months, subject to the discretion to be exercised by the
applicant, the Tribunal shall permit its withdrawal.
( SMT. BHARATI DANGRE, J.)
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