National Insurance Co. Ltd. v. Kum. Ghatna Haresh Joshi And ORS.

bsb 1 CAF1642.13.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1642 OF 2013 IN FIRST APPEAL NO. 1595 OF 2013 National Insurance Co. Ltd.

... Applicant v/s Kum. Ghatna Haresh Joshi & ors.

... Respondents Mr.Atul B. Gatne for the applicant.

Mr.A.J. Uniyal for the respondent Nos.1 and 2. CORAM: SMT. VASANTI A. NAIK & SHRI C. V. BHADANG, JJ.

DATED : 9TH FEBRUARY 2015 P.C.:

Heard the learned counsel for the parties. Perused the judgment of the Motor Accident Claims Tribunal. Since the Insurance Company admits that an amount of Rs.22,34,950/- is payable to the respondent Nos.1 and 2 towards the compensation, we permit the respondent Nos.1 and 2 to withdraw a sum of Rs.22,00,000/- with interest thereon. In addition, the remaining amount of Rs.17,26,895/- with interest thereon, should be placed in fixed deposit account in a nationalized bank and the respondent Nos.1 and 2 should be permitted to

bsb 2 CAF1642.13.doc receive the interest on an amount of Rs.10,00,000/- during the pendency of the first appeal. While withdrawing the amount of Rs.22,34,950/- which is the admitted amount payable to the respondent Nos.1 and 2 towards the compensation, the Trial Court should not seek any surety or security from the respondent Nos.1 and 2. So also, monthly interest on a sum of Rs.10,00,000/- should be released in favour of the respondent Nos.1 and 2 without seeking any surety or security.

Civil application is allowed in the aforesaid terms and disposed of.

(C. V. BHADANG, J.) (VASANTI A. NAIK, J.)