Smt. Purna Rajendra Kumbhar (Patil) And ORS v. The New India Assurance Companyltd. And ANR.

Tikam 1/2 24- IA 2367 of 2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION No. 2367 OF 2020 IN FIRST APPEAL No. 423 OF 2013 VAISHALI ANIL TIKAM by VAISHALI ANIL TIKAM Date:

2022.04.13 09:39:39 +0530 Smt. Purna Rajendra Kumbhar (Patil) and Ors.

... Applicants In the matter between The New India Assurance Company Ltd.

...Appellant Vs.

Smt. Purna Rajendra Kumbhar (Patil) and Ors.

...Respondents

WITH CIVIL APPLICATION No. 1651 OF 2013 IN FIRST APPEAL No. 423 OF 2013 The New India Assurance Company Ltd.

...Applicant Vs.

Smt. Purna Rajendra Kumbhar (Patil) and Ors.

...Respondents

* * * * Ms. Sejal A. Mariyan i/b. P.D. Bhise for Applicant in IA Mr. D.R. Mahadik for Appellant in FA 423 of 2013 and for Applicant in CAF 1651 of 2013 Coram : Sandeep K. Shinde, J.

Dated: 12 th APRIL, 2022.

Tikam 2/2 24- IA 2367 of 2020 P.C. :

1.

Motor Accident Claim Tribunal, Alibaug, Raigad in MACP No. 263 of 2006 awarded compensation to the Respondents- Original Claimants in the sum of Rs.8,10,120/- with interst @ 7.5% p.a. Feeling aggrieved by the award, the New India Assurance Co. Ltd. preferred First Appeal. Appeal is admitted. This Court on 20th September, 2017, permitted the Claimants to withdraw Rs.2,00,000/- each i.e Rs.6 lacs. This application is moved seeking withdrawal of balance amount of compensation.

2.

In view of the reasons stated in paragraph Nos. 5 and 6 of the application, each of the Respondents (Original Claimants) is permitted to withdraw Rs.2,00,000/-, by furnishing security to the satisfaction of the Motor Accident Claim Tribunal at Alibaug in MACP No. 263 of 2006. Application is partly allowed and disposed of.

3.

List the appeal for final hearing as per its turn. (Sandeep K. Shinde, J.)