Smt. Aditi Amit Salvi v. The New India Assurance Co. Ltd.

912-CAF4023-16.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4023 OF 2016 IN FIRST APPEAL NO. 672 OF 2016 Aditi Amit Salvi & Ors ...Applicants

Versus

The New India Assurance Co Ltd

...Respondent

Mr Milind Sathaye, for the Applicants.

Mr Sudhakar P, i/b Milind More, for the Respondent. CORAM: G.S. PATEL, J DATED:

28th June 2017 PC:- 1.

The Civil Application is by the original Claimant seeking withdrawal of the amount deposited. The amount awarded was Rs.1,85,707. The claim arose out of a fatal accident. The award is by the Motor Accident Claims Tribunal ("MACT"), Pune. The deceased, who was on a two-wheeler, was hit by the truck insured by the Appellant. The Appellant has put up the defence of contributory negligence.

2.

Having regard to these circumstances, I will permit the Claimant to withdraw 50% of the amount claimed without furnishing 28th June 2017

912-CAF4023-16.DOC security or giving an undertaking. The Applicant will be entitled also to proportionate interest on the amount withdrawn. The MACT, Pune will permit the withdrawal on presentation of an authenticated copy of this order.

3.

Civil Application No.4023 of 2016 is disposed of in these terms with no order as to costs.

(G. S. PATEL, J.) 28th June 2017