Mrs. Vandana Vitthal Sakate And ... vs New India Assurance Co. Ltd. ...
2023 Latest Caselaw 77 Bom

Rane                                 1/3          34-IA-30596-2022
                                                   rd
                                                  3 January, 2023.


       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CIVIL APPELLATE JURISDICTION
              INTERIM APPLICATION NO. 30596 OF 2022
                                IN
                   FIRST APPEAL NO. 395 OF 2020


Smt. Vandana Vitthal Sakate
and Ors.                                   .....Applicants


IN THE MATTER BETWEEN :
New India Assurance Co. Ltd.
Divisional Manager, Through
Mumbai Regional Office-I.                  ....Appellant
       V/s.
1. Smt. Vandana Vithal Sakate
and Ors.                                   .....Respondents


                            -----
Mr. Dnyaneshwar W. Bhosale, Advocate for the applicant in
IA-30596/2022.
Mr. Sandeep Jinsiwale, Advocate for the respondent and for
appellant in FA.
                       CORAM : SANDEEP K. SHINDE, J.

TUESDAY, 3RD JANUARY, 2023. Rane 2/3 34-IA-30596-2022 rd 3 January, 2023.

P.C. :

1. Applicant's 22 year old son died in the vehicular accident in March, 2010. The learned Member, Motor Accidents Claim Tribunal, Pandharpur ordered the Opponents No.1 and 2 to pay compensation of Rs.7,50,000/- with interest at the rate of 6% p.a. from 30 th April, 2012 by judgment and Award dated 22 nd May, 2014. Feeling aggrieved by the said Award, New India Assurance Co. Ltd. has preferred this Appeal. Pursuant to Award, appellants have deposited Rs.9,49,669/- in Motor Accident Claim Tribunal, Pandharpur on 4 September, 2017. Applicants are seeking leave to withdraw th

part of the compensation amount.

2. Heard learned Counsel for the parties.

3. In consideration of the fact that applicants' 22 year old son had died in vehicular accident in 2010, I deem it appropriate to allow the applicants to withdraw Rs.4,00,000/- each with interest accrued thereon, till 31 December, 2022, on st

a usual Undertaking to be filed before the Motor Accidents Claim Tribunal, Pandharpur in M.A.C.P. No.69/2012 and remaining amount shall be invested in the Fixed Deposit with any nationalised Bank for a period of one year.

Rane 3/3 34-IA-30596-2022 rd 3 January, 2023.

4. In view of the facts of the case, let First Appeal No. 395/2020 be listed for final hearing in the week commencing from 27 February, 2023.

th

5. Appellant shall file paper-book within four weeks from today.

6. Interim Application stands disposed of in the above terms.

7. All concerned to act on authenticated copy of this order.

NEETA SHAILESH SAWANT (SANDEEP K. SHINDE, J.) Digitally signed by NEETA SHAILESH SAWANT Date: 2023.01.04 12:06:17 +0530