Smt. Chhaya Daulat Madane And ORS. v. The New India Assurance Co. Ltd. And ORS.

Dusane 1/2 caf4048.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4048 OF 2015 IN FIRST APPEAL NO.1249 OF 2015 Smt. Chhaya Daulat Madane & Ors.

....

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

....

Appellants Vs.

Smt. Chhaya Daulat Madane & Ors.

....

Respondents Mr. Bhushan Walimbe, Advocate for the applicants. Mr. Sandeep. S. Jinsiwale, Advocate for respondent no.1. Ms. Shruti Kondoi h/for Mr. Umesh Mankapure, Advocate for respondents no. 5 and 6.

Coram : Smt. R.P. SondurBaldota, J.

Date : 9th March, 2016 P.C.

This Civil Application by the claimants is for withdrawal of the amount deposited by the appellant-Insurance Company in the Motor Accident Claims Tribunal at Sangli. According to the appellant- Insurance Company, it is liable to pay only 50% of the compensation since there was equal contribution in negligence by the deceased. In view of

Dusane 2/2 caf4048.2015 contention taken, the applicants can be permitted to withdraw atleast 50% of the amount alongwith the interest accrued thereon. The Civil Application is allowed. The applicants are at liberty to withdraw 50% of the amount lying deposited with Motor Accident Claims Tribunal at Sangli alongwith the interest accrued thereon. This withdrawal will be over and above the amount of Rs.2,00,000/- permitted to be withdrawn by the order dtd. 8th July, 2015.

(Smt. R.P. SondurBaldota, J)