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Bombay High CourtCAF/4204/2014

National Insurance Co. Ltd. v. Mrs. Mayavati Rammanorath Nishad

2017-07-11Hon'Ble Shri Justice G.S. Patel2 pages

39-CAF4204-14.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4204 OF 2014 IN FIRST APPEAL (ST) NO. 28970 OF 2014 National Insurance Co Ltd ...Applicant

Versus

Mayavati Rammanorath Nishad

...Respondent

Ms Urmila Sanil, for the Applicant.

Mr VM Parkar, for Respondents Nos. 1 to 3.

CORAM: G.S. PATEL, J DATED:

11th July 2017 PC:- 1.

Since the Appellant has deposited the amount awarded with interest, there will be a stay on execution.

2.

Given that the Award is only Rs. 4,41,300/- and arises from a claim under Section 163A in a fatal accident case, I will permit withdrawal of 80% of the amount awarded without security but on furnishing an appropriate undertaking.

3.

The remaining amount will be invested in a fixed deposit with any nationalized bank.

11th July 2017

39-CAF4204-14.DOC 4.

The statutory amount of Rs. 25,000/- shall also be transferred to the MACT Mumbai within two weeks from today and similarly invested.

5.

The Civil Application is disposed of in these terms with no order as to costs.

(G. S. PATEL, J) 11th July 2017