Archana Vidyasagar Pawar And ORS. v. Iffco-Tokio General Insurance Co.Ltd. Thr. Its Authorized Representative Amol Arunrao Binwai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.2706 OF 2021 IN FIRST APPEAL (ST.) NO.24274 OF 2019 Archana Vidyasagar Pawar and Others ...Applicants vs.

Iffco-Tokio General Insurance Co. Ltd.

...Respondent

Ms. Deepika Prabhala i/b. Res Juris, for the Applicants Mr. Mahindra Deshmukh, for Respondent Nos. 1 to 4. CORAM :

N. J. JAMADAR, J.

DATE :

OCTOBER 05, 2021 P.C.:

.

Heard the learned counsel for the parties.

2.

This application is preferred seeking permission to withdraw the amount of compensation deposited by the respondent-insurer in pursuance of the judgment and award dated 7th March, 2019 in Application No. 74 of 2016 passed by the learned Member, MACT, Sangli.

3.

The applicants aver that the deceased was the sole earning member of the family. The applicants are in dire need of the amount to meet the necessities of life as well as for the educational expenses of applicant Nos. 2 and 3.

4.

The learned Member of the Tribunal, in order to protect the interest of the applicant Nos. 2 and 3, who were then minors, had ...1

directed that the amount falling to the share of the applicant Nos. 2 and 3 be deposited in a nationalized bank. The applicant Nos. 1 and 4, the widow and mother of the deceased, were permitted to withdraw a certain portion of the amount and the rest was directed to be kept in a fxed deposit. The applicant No. 3 Omkar Pawar is stated to be 13 years of age. However, the applicant No. 2 Samrudhi Pawar seems to have attained majority.

5.

In the totality of the circumstances, it would be expedient to allow the applicants to withdraw specifc amounts, so that the apportion made by the learned Member, Tribunal is not disturbed. The application, therefore, deserves to be allowed. Hence, the following order.

ORDER

1] The application stands partly allowed.

2] The applicant Nos. 1 and 2 are permitted to withdraw the amount of Rs. 10 lakhs each and the applicant No. 4 is permitted to withdraw the amount of Rs. 7 lakh and the applicant No. 2 is permitted to withdraw the amount of Rs. 5 lakh, through applicant No.1-mother.

3] The applicants shall, however, furnish an undertaking before the learned Member, MACT, Sangli to bring back the aforesaid ...2

amount in the event the appeal is allowed and it is held that they are not entitled to the compensation.

4] Application accordingly stands disposed of.

(N. J. JAMADAR, J.) ...3