Prabhakar Madhav More vs Balasaheb Raosaheb Mane Deshmukh ...
2022 Latest Caselaw 11849 Bom

                                                                                               37-wp-13863-2022.doc


                              Pallavi
                                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           Digitally signed
           by PALLAVI
                                                        CIVIL APPELLATE JURISDICTION
           MAHENDRA
PALLAVI    WARGAONKAR
MAHENDRA
WARGAONKAR Date:
           2022.11.18
           18:58:13


                                                        WRIT PETITION NO.13863 OF 2022
           +0530




                                        Shri. Prabhakar Madhav More              ...Petitioner
                                              Versus
                                        Shri Balasaheb Raosaheb Mane - Deshmukh
                                        and Anr.                                 ...Respondents
                                                                  --------------
                                        Mr. D.W. Bhosale, for the Petitioner.
                                                                      ---------------

                                                                CORAM:          MADHAV J. JAMDAR, J.

                                                                DATE:           NOVEMBER 18, 2022

                                        P.C.:

1. Heard Mr. Bhosale, learned counsel appearing for the

Petitioner. He states that the Petitioner and his wife were the

original claimants before the Maharashtra Accident Claim Tribunal

at Malshiras. By Judgment and Award dated 31st March 2022

passed by the learned Member, Maharashtra Accident Claim

Tribunal, Malshiras and District Judge-1, Malshiras, the

Respondent Nos.1 and 2 were jointly and severally directed to pay

an amount of Rs.14,78,000/- to the Petitioner along with interest

at the rate of Rs.7.5% p.a. He states that, accordingly, the said

amount has been deposited before the learned M.A.C.T., Malshiras

by Insurance Company on 26th July 2022. In the application of

37-wp-13863-2022.doc

Applicant No.1 seeking withdrawal of the amount deposited by the

Insurance Company, the Ex-officio Member, MACT, Malshiras

directed that the amount of Rs.20,61,373/- (which is consisting of

said amount of Rs.14,78,000/- along with accrued interest) be

refunded to the Insurance Company after expiry of 60 days. The

said order was passed on the assumption that the main application

is abated. Mr. Bhosale submits that the main M.A.C.P. No.01 of

2016 was disposed of by Judgment and Award dated 31 st March

2022. He submitted that the matter was completely argued, kept

for judgment and in the meanwhile, Applicant No.2 expired on

10th February 2021 and therefore, the application cannot be

abated. In any case, the said MACP was filed by the Petitioner and

his wife and therefore, there cannot be any abatement against the

Petitioner. He submits that Petitioner is legal heir of his deceased

wife and therefore also there cannot be any abatement.

2. In the light of above submission, issue notice before

admission returnable on 16th December 2022.

3. In addition to Court notice, the Petitioner to serve the

Respondents by private notice and file affidavit of service before

the returnable date.

4. Till the next date, office of M.A.C.T., Malshiras is directed not

37-wp-13863-2022.doc

to refund the said amount of of Rs.20,61,373/- to the Respondent

No.2 - Insurance Company.

(MADHAV J. JAMDAR, J.)