Mr. Naresh Baburao Sonawane And ORS. v. Iffco Tokio Gen. Ins. Co. Ltd. And ANR.

FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2335/2019 IN FIRST APPEAL NO.1310/2017 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Advocate Mr.Amey Tamhane I/b Sangeeta Salvi for applicant.

Advocate Mrs. Varsha Chavan for respondent. CORAM : K. K. TATED, J DATE : JULY 18, 2019.

P.C.:

Heard learned counsel for parties.

2.

By this civil application, the applicants are seeking permission to withdraw 50% amount deposited by the Insurance Company to satisfy judgment and award dated 31.8.2016 passed by MACT, Thane in MACP No.133/2014.

3.

Learned advocate for applicant submits that in an accident which occurred on 2.1.2014, applicant no.1 lost his wife-Sangita 1/3

Naresh Sonawane.

Hence, they filed application u/s 166 of Motor Vehicle Act for compensation of Rs. 1 lakh. He submits that the Tribunal awarded sum of Rs.8,90,000/- with interest @ 8% pa. He submits that applicant no.1 is working as a Labourer on daily wages and applicant nos. 2 to 4 are taking eduction. Hence, he require said amount. He submits that in the connected matter, this court permitted the claimant to withdraw 50% amount. He submits that in the interest of justice, this court be pleased to allow the applicant to withdraw 50% amount deposited by Insurance Company.

On the other hand, learned counsel for Insurance Company vehemently opposed the civil application.

Considering the submissions made by learned counsel for applicant and the averments made in civil application, I am satisfied that applicant has made out the case for allowing civil application and permitted them to withdraw 50% amount, but subject to outcome of first appeal.

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a) Applicants are permitted to withdraw 50% amount with accrued interest jointly as per their share without furnishing any security but subject to outcome of first appeal.

b) Civil application disposed of.

c) No order as to cost.

(K.K.TATED, J.) 3/3