Smt. Shikha Gopal Samant And ORS. v. Royal Sundaram Alliance Ins. Co. Ltd. And ANR.

46-CA 2529-19 in FAST 1258-17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Sneha N.

Chavan CIVIL APPLICATION NO.2529 OF 2019 IN FIRST APPEAL (ST) NO.1258 OF 2017 Sneha N. Chavan Date: 2020.11.03 13:32:37 +0530 Shikha Gopal Samant & Ors.

.. Applicants In the matter between Royal Sundaram Alliance Ins.

Co. Ltd.

.. Appellant Vs.

Shikha Gopal Samant & Ors.

..Respondents ---- Mr. T.J. Mendon for the Applicants.

Mr. Nikhil Mehta i/by KMC Legal Venture for the Appellant. ---- CORAM : C.V. BHADANG, J.

DATE : 2nd NOVEMBER, 2020 (Through Video Conference) P.C.

1.

This is an application for withdrawal of the amount of compensation.

2.

The Appellant/Insurance Company has deposited an amount of Rs.34,76,540/- before the Motor Accident Claims Tribunal at Alibaug. The Applicants are the legal representatives of Gopal Samant, who died in a vehicular accident, which occurred on 19th June, 2012. The Applicants have not received any amount till today.

Mugdha

46-CA 2529-19 in FAST 1258-17 3.

On hearing the learned counsel for the parties, in my opinion, partial withdrawal can be allowed. Thus, the Applicants/Claimants are allowed to withdraw an amount of Rs.12,00,000/- (Rupees Twelve Lacs Only), out of the amount deposited before the Tribunal. The balance amount shall continue to stay invested in a nationalised bank. This shall be subject to the Applicants furnishing the usual undertaking before the Tribunal to bring back the amount, alongwith reasonable interest, as may be directed by this Court.

4.

The amount of Rs.25,000/- deposited before this Court alongwith interest, if any, shall be made over to the Motor Accident Claims Tribunal at Alibaug.

5.

The Civil Application is disposed of in the aforesaid terms.

C.V. BHADANG, J.

Mugdha