Kum. Komal Vishnu Dagade(Minor) Through Her Mother Smt. Vandana Vishnu Dagade v. The Branch Manager, New India Isnurance Co. Ltd.

33.CAF2263_2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Vidya Amin CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2263 OF 2015 IN FIRST APPEAL (ST.) NO. 5226 OF 2015 Kum. Komal Vishnu Dagade ...

Applicant Vs.

The Branch Manager New India Insurance Co. Ltd.

...

Respondent Mr. Ajay A. Joshi, Advocate for the applicant. Mr. H.G. Misar, Advocate for the respondent.

CORAM: MRS.MRIDULA BHATKAR, J.

DATE: 9th December, 2015 P.C.:

This Application is moved by the applicant for withdrawal of the amount deposited by the insurance company in Motor Accident Claims Tribunal, Sangli.

2.

The insurance company has filed the Appeal challenging the judgment and award dated 16th September, 2014 passed by the learned Member, Motor Accident Claims Tribunal, Sangli in M.A.C.P. No. 269 of 2001. The insurance company has deposited an amount of Rs.65,203/-. 3.

The learned counsel for applicant has submitted that applicant has lost her father in the accident, therefore, the family has suffered great 1 / 2

33.CAF2263_2015.doc financial loss and they do not have good financial background. 3.

The learned counsel for the insurance company opposed the Application.

4.

It is an injury claim. Considering the submissions of learned counsel for the applicant, the applicant is allowed to withdraw Rs.32,600/- by giving an undertaking to the satisfaction of the Tribunal. The remaining amount is to be invested in the fixed deposit in any nationalized bank. 5.

Civil Application is disposed of.

(MRIDULA BHATKAR, J.) 2 / 2