Mrs. Suma Mathew And ORS. v. New India Assurance Company Limited

35-CAF1900-17-W.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1900 OF 2017 IN FIRST APPEAL (ST) NO. 28821 OF 2013 Suma Mathew & Ors ...Applicant

Versus

The New India Assurance Co Ltd

...Respondents

Ms Jyoti Bajpayee, for the Appellant.

Mr CM Lokesh, for Respondents Nos. 1 to 4.

CORAM: G.S. PATEL, J DATED:

18th July 2017 PC:- 1.

The MACT award was in the amount of Rs.42,47,000/-. It arose out of a fatal accident case. The deceased was 40 years old at that time and was a senior production manager at Radiant Engineers with a monthly salary of Rs.27,895/-. The principal challenge in the Appeal is on the grounds of contributory negligence and that the wrong figure has been taken towards the income of the deceased. 2.

Having regard to these submissions, I will permit the original Claimants to withdraw 50% of the amount deposited without furnishing any security but on usual undertaking. The remaining 18th July 2017

35-CAF1900-17-W.DOC 50% amount is to be invested, if not already done, in a fixed deposit with any nationalized bank.

3.

The amount of statutory deposit is also to be transferred to the MACT, Pune and will also be invested in a fixed deposit with any nationalized bank.

4.

The Civil Application is disposed of in these terms with no order as to costs.

(G. S. PATEL, J) 18th July 2017