Bhamabai Manohar Yevale And ORS v. New India Assurance Co. Ltd.

SHAMBHAVI NILESH SHIVGAN 9-IA-1120-2022.odt SHAMBHAVI NILESH SHIVGAN Date: 2022.03.15 14:56:01 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.1120 OF 2022 IN FIRST APPEAL NO.1816 OF 2006 Bhamabai Manohar Yevale and Ors.

...Applicants Vs New India Assurance Co. Ltd.

...Respondent

...

Mr. Manoj B. Bagal for the Applicants.

Mr. S.M.Dange for Appellant in FA/1816/2006.

CORAM : SANDEEP K. SHINDE J.

DATE : MARCH 15, 2022.

P.C. :

Heard.

th April, 1995 passed in Motor Against the award dated 29 Accident Claims Petition No.417 of 1987, First Appeal of Insurance Company was dismissed for non-compliance of the conditional order th October, 2009. Since then, Insurance Company has not dated 7 made any efforts to restore the appeal. It appears, pending appeal, Insurance Company had deposited compensation in the trial Court. In Shivgan 1/2

9-IA-1120-2022.odt that view of the matter, surviving claimants have moved this application seeking leave to withdraw the amount of compensation. Mr. Dange, learned counsel for the Insurance Company, submitted that application is not maintainable since appeal itself was dismissed and, therefore, the applicants/original claimants should apply for execution of the award. Contention of Mr. Dange is rejected.

In consideration of the facts of the case, Motor Accident Claims Tribunal, Pune shall pay the amount of compensation along with the interest accrued thereon to the surviving claimants in Motor Accident Claims Petition No.417 of 1987.

Application is allowed and disposed of in aforesaid terms. (SANDEEP K. SHINDE, J.) Shivgan 2/2