Smt. Usha Ganpatrao Mohite And ORS. v. The New India Assurance Co. Ltd. Thr. Mumbai Regional Officer-I

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3736 OF 2016 IN FIRST APPEAL NO.1350 OF 2015 Usha Ganpatrao Mohite and ors .... Applicants.

V/s.

The New India Assurance Co. Ltd.

.... Respondents Mr. Tushar Pimpale, for the Applicants.

Mr. Devendranath S.Joshi, for the Respondents. CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 22 ND AUGUST, 2016.

P.C. :

1.

This application is filed by the claimants for withdrawal of some of the compensation amount as deposited by the respondents in the trial Court.

2.

It is submitted that as per order, passed by this Court on 14th December, 2015, the entire compensation amount of Rs.47,35,068/- is deposited in the Tribunal. As per said order, respondent herein was directed to permit applicant No.1 to withdraw an amount of Rs.1,50,000/- and applicant No.3 was permitted to withdraw a sum of Rs.50,000/-. Accordingly, they have received the said amount. 3.

However, now considering the requirement of the applicants, 1/2 33 FA 1350 .doc

especially the applicant No.2, who is minor and applicant No.1 needs money for his education and applicant No.3 being old mother of the deceased needs money for her medical expenses, applicants may be permitted to withdraw substantial amounts.

4.

Learned counsel for respondent herein i.e. appellant submits that previous amounts were allowed to be withdrawn subject to claim petition being decided. It is submitted that the accident occurred due to sole negligence of the deceased. In my considered opinion, in view of the requirement of the applicants, application needs to be and is allowed by passing following order.

Order Applicant No.1 is permitted to withdraw an amount of Rs.10,00,000/-; whereas applicant No.3 is permitted to withdraw an amount of Rs.5,00,000/- subject to usual undertaking.

[DR. SHALINI PHANSALKAR-JOSHI, J.] 2/2 33 FA 1350 .doc