Smt.Seema@ Suvarna Lalit Pund And ORS. v. National Insurance Company Limited Thane Divisional Office

Digitally signed by SHAMBHAVI NILESH SHIVGAN Date:

2023.01.10 11:19:17 +0530 24-CAF-96-2022.odt SHAMBHAVI NILESH SHIVGAN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.96 OF 2022 IN FIRST APPEAL (ST) NO.17278 OF 2016 WITH CIVIL APPLICATION NO.3421 OF 2016 WITH CIVIL APPLICATION NO.3422 OF 2016 Smt. Seema @ Suvarna Lalit Pund and Ors.

...Applicants Vs National Insurance Company Limited Thane Divisional Office

...Respondent

Ms. Varsha Nichani for the Applicants in CAF 96/2022. Ms. Poonam Mital for Applicant in CAF 3421/16 and CAF 3422/16 and for Respondent in CAF 96/22.

CORAM : SANDEEP K. SHINDE J.

DATE : JANUARY 9, 2023.

P.C. :

CIVIL APPLICATION NO.96 OF 2022 Claimants in Motor Accident Claims Petition No.57 of 2014 are seeking leave to withdraw the compensation amount deposited by the Appellants-Insurance Company pursuant to the nd January, 2016 passed therein by the Motor award dated 2 Accident Claims Tribunal, Vasai. Claimants, are widow and son Shivgan 1/2

24-CAF-96-2022.odt th July, of the deceased. Deceased met with an accident on 27 2014, Appellants have deposited Rs.17,93,000/- (Approximately). In consideration of the facts of the case and in particular that accident had taken place in July, 2014 and the claimant no.1 being the house-wife, I am inclined to allow claimants to withdraw Rs.10 Lakhs on furnishing Undertaking that in case, appellants succeed in the appeal, claimants shall bring back the money with interest.

Remaining amount shall be invested in fixed deposit of any nationalised bank initially for a period of two years and thereafter to be renewed from time to time. Application is allowed in above terms.

All parties to act on an authenticated copy of this order.

(SANDEEP K. SHINDE, J.) Shivgan 2/2