Mrs. Shobha Parshuram Sonawane And ORS. v. Iffco Tokio Gen. Ins. Co. Ltd. And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1239/2019 IN FIRST APPEAL NO.743/2017 Mrs. Shobha Sonawane & Ors. .... Applicants. In the matter between:

Iffco Tokio Gen.Ins.Co.Ltd.

... Appellant.

Vs.

Shobha Sonawane & Ors.

... Respondents.

Advocate Mr. Amey Tamhane I/b Sangeeta S. Salvi for applicants.

Advocate Mrs. Varsha Chavan for respondent.

CORAM

: K.K.TATED, J.

DATED : JUNE 27, 2019.

P.C.

Heard learned counsel for parties.

By this civil application, applicants/claimants are seeking permission to withdraw 50% amount awarded by MACT, at Thane in MACP No.324/2014.

Learned counsel for applicant submits that in the present proceeding, applicant no.1 lost her husband Parshuram who was 67 years old. He submits that on the basis of evidence on record the Tribunal held that applicants are entitled sum of Rs.5,85,000/- by way of Chitra Sonawane 1

compensation with 8% interest p.a.

Learned counsel for applicant submits that in connected matters, this court permitted claimant to withdraw 50% amount without furnishing security. These facts are not denied by the learned advocate for Insurance Company.

5.

Learned counsel for appellant submits that in the present proceeding, they are challenging judgment and award on the ground of negligency. She submits that in claim petition filed by the legal heirs of deceased driver of the S.T. bus, the Tribunal specifically held that the driver of ST bus was negligent to the extent of 20%.

6.

Considering the submissions, impugned judgment and award and as the applicant is seeking to withdraw 50% amount deposited by the appellant, I am satisfied that applicant has made out a case for following order. a) Applicants are permitted to withdraw total 50% amount deposited by appellant with accrued interest as per their share without furnishing any security but subject to outcome of first appeal.

b) Civil application disposed of accordingly. (K.K.TATED, J.) Chitra Sonawane 2

Chitra Sonawane 3

Chitra Sonawane 4