Smt. Sulochana Balashiram Daftray And ANR. v. The New India Assurance Co. Ltd. And ANR.

Digitally signed by SHAMBHAVI NILESH SHIVGAN Date:

2023.01.05 10:49:49 +0530 SHAMBHAVI NILESH SHIVGAN 1/3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.19974 OF 2022 IN FIRST APPEAL NO.1096 OF 2002 Smt. Sulochana Balashiram Daftray and Anr.

.....Applicants V/s.

The New India Assurance Co. Ltd. and Anr.

....Respondents ----- Ms. Kiran Yadav i/by Mr. Avinash Gokhale, Advocates for the applicants.

None for the respondents.

CORAM : SANDEEP K. SHINDE, J.

WEDNESDAY 4 th JANUARY, 2023 P.C. :

1.

One Balashiram Gajaba Daftray met with vehicular accident on 2 nd March, 1992. In Motor Accident Claims Application No.488 of 1994, made by the defendants/heirs of

2/3 the deceased Balashiram, Member, Motor Accident Claims Tribunal, Thane directed respondents therein to pay an amount of Rs.1,12,000/- as compensation with interest @ 9% p.a. by the judgment and award dated 27 th March, 2002. Pending Appeal, the New India Assurance Company Limited deposited compensation amount with the Motor Accident Claims Tribunal, Thane. Applicants seek withdrawal of same. 2.

Heard learned counsel for the applicants/original claimants. None appears for the Appellant-Insurance Company.

3.

In consideration of the facts and in particular, that accident had taken place in 1992 and some of the applicants now being senior citizens, I am inclined to allow applicants to

3/3 withdraw 75% of the amount of compensation deposited with interest accrued thereon till 31 st December, 2022. The said amount shall be paid against the Undertaking that in case, the appellants succeed in the appeal, applicants shall bring back the money with interest as may be directed. Application is allowed and disposed of in aforesaid terms.

(SANDEEP K. SHINDE, J.)