The New India Assurance Co.Ltd. v. Smt.Poonam Sachin Awte And ORS
Shephali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1885 OF 2017 IN FIRST APPEAL (ST) NO. 12102 OF 2017 The New India Assurances Co Ltd ...Appellants
Versus
Poonam Sachin Awte & Ors
...Respondents
WITH CIVIL APPLICATION NO. 5 OF 2021 IN FIRST APPEAL (ST) NO. 12102 OF 2017 Dattatraya R Awte & Anr ...Applicants In the matter between The New India Assurances Co Ltd ...Appellants
Versus
Poonam Sachin Awte & Ors
...Respondents
SHEPHALI SANJAY MORMARE by SHEPHALI SANJAY MORMARE Date: 2021.12.10 18:03:32 +0530 Mr Himanshu Takke, i/b Milind V More, for the Appellant/Applicant in CAF/1885/2017.
Mr Tejesh Dande, with Bharat Gadhavi, Vishal Navale, Aniket Aghade, Trush Shah, Chinmay Deshpande and Yogesh Mali, i/b Tejesh Dande & Associates, for the Applicant in CAF/5/2021.
CORAM
G.S. Patel & Madhav J. Jamdar, JJ.
DATED:
PC:- CIVIL APPLICATION NO.1885 OF 2017:
1.
The delay of 74 days is condoned for the reasons set out in Civil Application.
CIVIL APPLICATION NO. 5 OF 2021:
2.
The Applicants are original Claimants Nos. 3 and 4, the parents of the deceased. They are entitled to a percentage of the amount awarded and deposited. Mr Dande points out there is a defect in the prayer, in the sense that it seeks a withdrawal of 10%. He clarifies in fairness that the Applicants have already withdrawn 5% and therefore restricts his application for leave to withdraw another 5%.
3.
We accept the submission and express our appreciation of Mr Dande's fairness. We make the Civil Application absolute in terms of prayer clause (a) but clarifying that each of the Claimants/Applicants are allowed to withdraw further compensation of 5% from the decretal/award amount as deposited in this Court.
4.
The usual Affidavit and undertaking will be required from the Applicants to the effect that if the Appeal is allowed by the insurer is allowed, they will bring back the amount.
5.
of this order.
(Madhav J. Jamdar, J) (G. S. Patel, J)