Smt. Nirmala Raju Nagare And ORS. v. National Insurance Co. Ltd. And ANR.

hcs 2.a818.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.818 OF 2019 IN FIRST APPEAL STAMP NO.14218 OF 2014 Nirmala Raju Nagare & Ors.

...

Applicants.

In the matter between National Insurance Co. Ltd.

... Appellant.

V/s.

Nirmala Raju Nagare & Ors.

...

Respondents.

Mr.T.J.Mendo for the Applicants.

Ms.Harshada M. Rane for the Original Appellant. CORAM : V.G. BISHT, J.

DATE : 22ND JANUARY, 2020.

P.C.:

1.

Heard learned counsel for the parties.

2.

The applicants have moved this application for withdrawal of amount deposited by the original appellant pursuant to the judgment and order dated 24/10/2013 passed by the learned Member, Motor Accident Claims Tribunal, Mumbai in Claim Petition No.2387 of 2006.

3.

In view of submissions made by learned counsel for the applicants, they are allowed to withdraw 25% of the compensation amount as per apportionment made in paragraphs 2 to 5 of the order dated 24/10/2013 passed in 1/2

2.a818.19.odt Claim Petition No.2387 of 2006. The applicants are directed to give an undertaking of returning the said amount to be withdrawn in the event of appeal being allowed with prevailing rate of interest.

4.

Civil Application is allowed and is accordingly disposed of.

(V.G. BISHT, J.) 2/2