Smt. Nandini Nandkumar Postandel And ORS. v. Divakar Achyut Sarpotdar And ANR.

Megha 17_ia_16949_2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.16949 OF 2022 IN FIRST APPEAL (STAMP) NO.16043 OF 2018 Nandini Nandkumar Postandel and Ors.

In the matter between The New India Assurance Co. Ltd.

...Applicants ...Appellant

Versus

Nandini Nandkumar Postandel and Ors.

...Respondents

...

Ms S.S. Dwivedi for the Appellant.

Mr. T.J. Mendon for the Applicants/Respondent Nos.1 to 3. CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 5th AUGUST, 2022.

P. C. :- 1.

The Applicants, who are original claimants have sought withdrawal of compensation deposited by the Appellant-Insurance Company pursuant to the Judgment and Award dated 30/03/2017 in M.A.C.P. No.491 of 2010. By the impugned judgment, the Claims Tribunal has allowed the petition under Section 166 of the Motor Vehicles Act, 1988 and awarded compensation of Rs.30,77,731/- with interest @7 % p.a. from the date of the application till final realisation. 2.

The Applicant No.1 is the widow and Applicant Nos.2 and 3 by MEGHA S PARAB Date:

2022.08.10 15:03:45 +0530 MEGHA S PARAB 1/2

Megha 17_ia_16949_2022.doc are the children of deceased Nandkumar, who expired in a motor vehicular accident on 04/11/2010. The Applicants have stated that they do not have sufficient income for their livelihood and that they are in urgent need of money.

3.

Learned counsel for the Appellant-Insurance Company has opposed the application on the ground that the Appellant-Insurance Company has challenged the quantum of compensation and also questioned the findings recorded on the issue of negligence. 4.

Considering the reasons stated in the application, as well as the grounds in the memo of the appeal, Applicants are allowed to withdraw 50% of the compensation with proportionate interest accrued thereon. Out of the 50% compensation, 25% be paid to Applicant No.1 and balance 25% with proportionate interest accrued thereon be paid to Applicant Nos.2 and 3 equally.

5.

Application stands disposed of.

(SMT. ANUJA PRABHUDESSAI, J.) 2/2