Mangal Babusha @ Baban Kadam And ORS. v. The New India Assurance Co. Ltd.

Sharada 40.IA.30069.22.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Digitally signed by SHARADA RANGNATH WAHULE Date:

2022.12.23 10:50:02 +0530 INTERIM APPLICATION NO.30069 OF 2022 IN FIRST APPEAL NO.59 OF 2017 SHARADA RANGNATH WAHULE Mangal Babusha @ Baban Kadam & Ors.

..Applicants

Versus

The New India Assurance Co. Ltd.

....Respondent Mr. Girish B. Badiger for the Applicants.

Mr. Devendranath S. Joshi for the Respondent. CORAM : S. G. DIGE, J.

DATE : 21st DECEMBER, 2022.

P.C. :

1.

Heard learned counsel for the Applicants and learned counsel for the Respondent. The learned counsel for the Applicants submits that appeal is dismissed in default. The award amount deposited by the Respondent is pending before Motor Accident Claims Tribunal, Pune. Hence, Applicants be permitted to withdrawn the said amount. 2.

The learned counsel for the Respondent submit that Respondent in process to file appropriate application 1/2

Sharada 40.IA.30069.22.doc before this Court regarding dismissal of the Appeal. 3.

I have heard both the learned counsel. As the Appeal is dismissed, the Applicants need the amount deposited before the Motor Accident Claims Tribunal, Pune, for their daily expenses. They are in need of money. 4.

Hence, I pass the following order.

ORDER

(I) Interim Application is allowed;

(ii) Applicants are permitted to withdraw the entire award amount deposited by the Respondent before Motor Accident Claims Tribunal, Pune, along with interest thereof;

(iii) Interim Application is disposed of accordingly. (S. G. DIGE, J.) 2/2