Tukaram Sahdev Teli And Ors vs The New India Assurance Co. Ltd. ...
2023 Latest Caselaw 7904 Bom

2023:BHC-AS:22055


                                                                                   6-IA-13853-2023.doc


                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                               CIVIL APPELLATE JURISDICTION

                                    INTERIM APPLICATION NO.13853 OF 2023
                                                     IN
                                         FIRST APPEAL NO.449 OF 2021

                    TUKARAM SAHDEV TELI AND ORS.                   )...APPLICANTS

                         V/s.
                    THE NEW INDIA ASSURANCE CO. LTD.               )...RESPONDENT

                    Mr.Y.M.Pendse a/w. Mr.Amit Choudhary, Advocate for the Applicants /
                    Respondents No.1 to 3.
                    Mr.D.S.Joshi, Advocate for the Appellant.

                                                   CORAM      :    ABHAY AHUJA, J.

                                                   DATE       :    4th AUGUST 2023

                    P.C. :

1. This Interim Application is preferred by the original claimants

seeking to withdraw the amount deposited by the Insurance Company.

2. Mr.Pendse, learned Counsel for the Interim Applicants, would

submit that the deceased, who was working in Bigsun Technologies Pvt.

Ltd., was 25 years old when he met the fatal accident. The Applicants

were fully dependent on his income and because of the death of Tushar

Tukaram Teli, they have lost their only source of income. Learned

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6-IA-13853-2023.doc

Counsel would submit that, therefore, some interim compensation be

awarded to them till disposal of the Appeal, as no amounts have been

received, as there is a stay on the execution.

3. Mr.Devendranath Joshi, learned Counsel, would submit that,

although the Insurance Company has deposited the entire decretal

amount, however, as there are triable issues raised in the Appeal, the

entire amount cannot be allowed to be withdrawn.

4. Having heard the learned Counsel and having perused the

application as well as the impugned decision, this Court is of the view

that interests of justice would be served if 30% of the amount deposited

is allowed to be withdrawn, in the manner contained in the impugned

judgment and award, subject to an undertaking that if the Appeal is

allowed, the claimants will bring back the amount along with interest

within a period of four weeks.

5. Interim Application, accordingly, is allowed and stands disposed.

                                         (ABHAY AHUJA, J.)




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