Mrs. Nalini Suresh Palan And ANR. v. Cholamandalam Ms Gen. Ins. Co. Ltd., Mumbai And ANR.
by JITENDRA SHANKAR NIJASURE Date:
2022.11.29 18:51:11 +0530 JITENDRA SHANKAR NIJASURE jsn
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.18553 OF 2022 IN FIRST APPEAL NO.812 OF 2022 Mrs. Nalini Suresh Palan & Anr.
...Applicants In the matter between Cholamandalam Ms. Gen. Ins. Co. Ltd.
...Appellants
Versus
Mrs. Nalini Suresh Palan & Anr.
...Respondents
WITH INTERIM APPLICATION NO.18550 OF 2022 IN FIRST APPEAL NO.813 OF 2022 Mrs. Rajendra Shrirang Chavan & Ors.
...Applicants In the matter between Cholamandalam Ms. Gen. Ins. Co. Ltd.
...Appellants
Versus
Mrs. Rajendra Shrirang Chavan & Ors.
...Respondents
---------- Rajesh Kanojia i/b. Res Juris for Appellant and Applicant in IA No.16890 of 2022.
Mr. Ashish Agaskar, for Respondents and Applicants in IA No.18553 of 2022.
---------- CORAM : R.I. CHAGLA J.
DATE : 25TH NOVEMBER, 2022.
ORDER :
1.
By these Interim Applications, the Applicants are seeking 1/3
permission to withdraw the amount deposited by Insurance Company before the MACT which had been deposited with the MACT pursuant to the impugned judgment and order passed by MACT, Thane in MACP Nos.569 of 2017 and 570 of 2017. The execution and implementation of the impugned judgment and order has been stayed.
2.
The Applicants state that the deceased was the only sole earning member of the family. The Applicants have further stated that they are required to bear all expenses of the entire house including themselves and further substantial expenses are incurred to take care of the medical ailments of their mother and educational expenses of the sister. Considering the averments in the Interim Application, a case is made out for withdrawal of the amount with MACT. Hence, the following order is passed:- (i) The Respondents are at liberty to withdraw 50% of the amount deposited by the Appellant before the MACT upon furnishing an undertaking as against the disbursal of the said amount that if the Appellant succeeds in the Appeal, the Respondents shall return the amount with interest at such rate as would be directed by this Court depending upon the outcome of 2/3
the First Appeal.
(ii) If 50% amount is withdrawn by the Respondents, balance amount shall be invested by the MACT in a fixed deposit in a Nationalized Bank.
(iii) The Interim Application No.18550 of 2022 and Interim Application No.18553 of 2022 are disposed of. [R.I. CHAGLA J.] 3/3