Mrs. Noorjahan Abdullaha Hasan And ORS. v. The New India Assurance Company Limited Through Centralized Motor Tp Claims Huband ORS.
15.CAF4006_2016.doc Vidya Amin
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 4006 OF 2016 IN FIRST APPEAL (ST.) NO. 14805 OF 2016 Smt. Noorjahan Abdullaha Hasan & Ors.
... Applicants Vs.
The New India Assurance Co. Ltd. & Ors.
... Respondents Mr. Amol Gatne, Advocate for the applicants.
Mr. D.S. Joshi, Advocate for the respondent no. 1. CORAM: MRS.MRIDULA BHATKAR, J.
DATE: 20th February, 2018.
P.C.:
This Application is moved by the applicants/original claimants for withdrawal of an amount of Rs.2,26,000/- along with interest @9% p.a. deposited by the insurance company/original appellant pursuant to the judgment and award dated 23rd December, 2015 passed by the learned Chairman, Motor Accident Claims Tribunal, Mumbai in M.A.C.P. No. 243 of 2007.
2.
The learned counsel for the applicants submitted that the applicants are the widow and sons of the deceased. They require the money for their survival. Therefore, they be allowed to withdraw the amount of compensation.
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15.CAF4006_2016.doc 3.
The learned counsel for the appellant/insurance company submitted that the insurance company has filed the Appeal on the point of negligence.
4.
Perused the impugned judgment and award. The learned Chairman, Motor Accident Claims Tribunal, Mumbai has granted compensation of Rs.2,26,000/- with interest @ 9% p.a. The Tribunal has directed that 60% of the amount of compensation along with interest accrued thereon be paid to applicant no. 1 and 20% each of the amount of compensation along with interest accrued thereon be paid to applicant nos. 2 and 3. Considering the facts of the case and the submissions, the original claimants, i.e., widow and sons of the deceased are allowed to withdraw 50% of the amount as per their entitlement on an usual undertaking. The remaining amount is to be deposited in the fixed deposit in any nationalized bank. 5.
Civil Application is allowed and is accordingly disposed of. (MRIDULA BHATKAR, J.) 2 / 2