Sharada Kapurchand Goda And ANR. v. Divisional Manager New India Assurance Company Ltd. And ANR.
26-CAF3885-16.DOC Shephali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3885 OF 2016 IN FIRST APPEAL NO. 189 OF 2014 Divisional Manager, The New India Assurance Co Ltd ...Appellants
Versus
Sharda Kapoorchand Goda & Ors
...Respondents
Mr Shrikant M Dange, for the Appellants.
Mr Ram KrushnaYedave, i/b Vijay Killedar, for Respondent No.1. Mr Swaroop Karade, i/b Surel Shah, for Respondent No. 2. CORAM: G.S. PATEL, J DATED:
4th July 2017 PC:- 1.
This is an application by the original Respondents Nos. 1 and 2 for withdrawal of the decretal amount. The claim arose out of a fatal accident. There was a collision between the motorcycle and a bus. The Tribunal awarded Rs.15,96,000/-. The principal dispute is about contributory negligence. Mr Dange for the Appellants submits that the victim was himself equally responsible for the accident. This should mean that the responsibility for the accident should have been apportioned 50:50 rather than finding that the victim was responsible only for 10% of the accident. There may be substance to 4th July 2017
26-CAF3885-16.DOC this. It is difficult to see how such precise figures of 10%:90% can be determined in matters such as this.
2.
If the finding should, as Mr Dange says, be of a 50:50 responsibility, then this must also mean that Respondent Nos. 1 and 2, the original Claimants, should be entitled to withdraw 50% amount deposited. The Respondents are permitted to withdraw 50% of the amount deposited with proportionate interest without security or undertaking.
3.
The MACT, Pune will permit this withdrawal acting on presentation of an authenticated copy of this order. The requirement of security and undertaking is waived. The remaining amount is to be deposited in the fixed deposit of any Nationalised Bank, if not already done.
4.
The Civil Application is disposed of with no order as to costs. (G. S. PATEL, J.) 4th July 2017