Smt.Anuradha Vilas Potdar And ORS. v. The New India Insurance Company Ltd.Thr.Mumai Legal Hub

512.CAF1916_2017.doc Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1916 OF 2017 IN FIRST APPEAL NO. 732 OF 2017 Smt. Anuradha Vilas Potdar & Ors.

... Applicants in the matter between The New India Insurance Company Ltd.

... Appellant Vs.

Smt. Anuradha Vilas Potdar & Ors.

... Respondents Mr. Umesh H. Pawar, Advocate for the applicants. Mr. S.S. Jinsiwala, Advocate for the appellant. CORAM: MRS.MRIDULA BHATKAR, J.

DATE:

13th September, 2017.

P.C.:

Upon urgent mentioning, taken on production board. 2.

This Application is moved for withdrawal of an amount deposited by the insurance company/original appellant pursuant to the judgment and award dated 15th January, 2012 passed by the learned Motor Accident Claims Tribunal, Kolhapur in M.A.C.P. No. 152 of 2010.

3.

The learned counsel for the applicants submitted that the applicants are the wife, two children and mother of the deceased. He 1 / 2

512.CAF1916_2017.doc submitted that it is a case of composite negligence and, therefore, he be allowed to withdraw the entire amount deposited by the insurance company.

4.

The learned counsel for the appellant/insurance company submitted that the insurance company has deposited an amount of Rs.9,75,778/- which is directed as per their share. 5.

In view of the submissions, the applicants are allowed to withdraw an amount of Rs.1,25,000/- each on an usual undertaking. The remaining amount is to be deposited in the fixed deposit in any nationalized bank.

6.

Civil Application is allowed and is accordingly disposed of. (MRIDULA BHATKAR, J.) 2 / 2