Smt. Radhadevi Yogesh Ojha And ORS. v. M/S. L And T General Insu. Co.Ltd.

04-FA-45-2020, IA-1460-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 45 OF 2020 M/s L and T General Insurance Company Limited ... Appellant

Versus

Smt. Radhadevi Yogesh Ojha and Ors.

... Respondents INTERIM APPLICATION NO. 1460 OF 2021 IN FIRST APPEAL NO. 45 OF 2020 Radhadevi Yogesh Ojha and Ors.

... Applicant

IN THE MATTER BETWEEN

M/s L and T General Insurance Company Limited ... Appellant

Versus

Smt. Radhadevi Yogesh Ojha and Ors.

... Respondents Mr. Abhijit Purushottam Kulkarni, for the Appellant. Smt. Varsha Chavan, for the Respondents and Applicants in IA No. 1460 of 2021.

CORAM : V. G. BISHT, J.

DATE : 3RD FEBRUARY, 2022.

PC:

The Applicants have moved the application for withdrawal of amount deposited by the original appellant pursuant to the judgment and order dated 27th August, 2019 passed by the learned Member, C.R. No.6, MACT, Mumbai in Claim Application No. 26 of 2013. Rekha Patil 1/2 REKHA PRAKASH PATIL by REKHA PRAKASH PATIL Date: 2022.02.03 17:05:47 +0530

04-FA-45-2020, IA-1460-2021.odt Heard learned counsel for both the parties.

Learned Counsel for the applicants/respondents submits that respondent No. 7-Sharadadevi Rajnarayan Ojha is dead and since the apportionment of the claim amount was made by learned Member, MACT, Mumbai in the impugned judgment and order, in view of death of respondent No.7, a fresh apportionment will have to be made out. In view of submissions made by learned counsel for the applicants, applicants are allowed to withdraw 50% of the compensation amount. However, the learned Member MACT is directed to make a fresh apportionment of the amount of award in view of the death of respondent No.7. The applicants are directed to give an undertaking of returning the said amount to be withdrawn in the event of appeal being allowed with prevailing rate of interest.

The statutory amount of Rs.25,000/- deposited in this Court at the time of filing of Appeal shall be transferred to the Motor Accident Claims Tribunal, Mumbai. Rest of the amount to be deposited in the nationalized bank.

Interim Application is allowed and accordingly disposed of. Place the First Appeal for '

Admission' on 8th March, 2022.

(V. G. BISHT, J.) Rekha Patil 2/2