Mr. Mohan Rajaram Raut v. The New India Insurance Co. Ltd. And ORS.

12-CAF4424-18INFA288-19.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4424 OF 2018 IN FIRST APPEAL NO. 288 OF 2019 Mohan Rajaram Raut ...Applicant In the matter between The New India Assurance Co. Ltd.

...Appellant

Versus

Mohan Rajaram Raut and ors.

...Respondents

SANTOSH SUBHASH KULKARNI SANTOSH SUBHASH KULKARNI Date: 2021.10.12 10:35:33 +0530 Mr. Bhalchandra Shinde, for the Applicant/Respondents. Mr. Milind More, for the Respondent/Appellant.

CORAM:

N. J. JAMADAR, J.

DATED :

11th OCTOBER, 2021 PC:- 1.

Heard Mr. Shinde, the learned Counsel for the applicant and Mr. More, the learned Counsel for the respondent - original opponent no.5.

2.

This application is preferred to withdraw the amount deposited by the applicant - insurer in terms of the award in MACP No.47/2013, dated 15th June, 2017, passed by the Member, MACT, Baramati.

3.

The learned Counsel for the applicant submits that the other insurer, namely, TATA AIG - original opponent no.2, has deposited the entire amount of compensation Rs.90,000/- alongwith interest accrued thereon and the said amount has 1/2

12-CAF4424-18INFA288-19.DOC been withdrawn by the applicant as the said insurer has not preferred appeal against the impugned award.

4.

The learned Counsel for the respondent - original opponent no.5 submits that the applicant be permitted to withdraw a portion of the amount subject to certain conditions so as to secure the interest of the appellant - insurer. 5.

Having regard to the quantum of the compensation awarded by the Tribunal and the fact that the applicant has already withdrawn the amount of compensation deposited by the other insurer - TATA AIG, it may be expedient to allow the applicant to withdraw 75% of the amount deposited by the appellant - The New Indian Assurance Co. Ltd. (original opponent no.5) alongwith interest accrued thereon, subject to furnishing an undertaking, before the Tribunal, that, in the event the appeal is allowed, the applicant will bring back the said amount alongwith interest thereon at such rate as may be directed by the Court.

6.

The application stands partly allowed in the aforesaid terms.

[N. J. JAMADAR, J.] 2/2