Mr. Subhash Mahadeo Adit v. The New India Assurance Company Ltd.

Trupti CAF 792-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.792 OF 2016 IN FIRST APPEAL NO. 272 OF 2016 Subhash Mahadeo Adit ...Applicant

Versus

The New India Assurance Company Ltd.

...Respondent

......

Mr.C.M.Lokeshappa for the Applicant.

Mr.D.R.Mahadik for the original Appellant/ Applicant. . ......

CORAM: MRS.MRIDULA BHATKAR, J.

DATED:

SEPTEMBER 20, 2017 P.C. :

1.

This Application is moved for withdrawal of an amount deposited by the insurance company/original appellant pursuant to the judgment and award dated 08.07.2013 passed by the Motor Accident Claims Tribunal, Mangaon-Raigad, in M.A.C.P. No. 1282 of 2008. 2.

The learned counsel for the applicant submitted that the applicant is the father of the deceased. He further submitted that till today, the applicant has not received the compensation of no fault liability. 3.

Learned counsel for the insurance company opposed this application.

Trupti CAF 792-16.doc 4.

In view of the submissions and the reasons mentioned in the application, the applicant is allowed to withdraw 50% amount of the compensation 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.)