Shri.Nilesh Shantaram Sakpal v. The New India Assurance Company Limited

Sherla V.

caf.84.2018_503.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.84 OF 2018 IN FIRST APPEAL NO.1192 OF 2017 Nilesh Shantaram Sakpal ... Applicant

IN THE MATTER OF:

The New India Assurance Co. Ltd.

... Appellant Vs.

Nilesh Shantaram Sakpal & anr.

... Respondents Mr.C.M. Lokeshappa for the Applicant Ms.Poonam Mittal h/f D.R. Mahadik for Appellant/insurance co. CORAM: MRS.MRIDULA BHATKAR, J.

DATE: JANUARY 11, 2018 P.C.:

1.

Upon urgent mentioning, taken on Production Board. 2.

This application is moved by the applicant/claimant for withdrawal of the amount deposited by the appellant / insurance company, pursuant to the judgment and award dated 8.7.2013 of the Motor Accident Claims Tribunal, Mangaon, Raigad in M.A.C.P. No.1284 of 2008.

3.

The leaned Counsel for the applicant submitted that the applicant met with the accident and he is in need of money for 1 / 2

caf.84.2018_503.doc medical treatment. He further submitted that the applicant did not receive any amount till today.

4.

Learned Counsel for the insurance company is present and has opposed the application.

5.

In view of the submissions and for the reasons mentioned in the application, the applicant is allowed to withdraw 50% of the amount of the compensation upon furnishing the usual undertaking to the satisfaction of the Registrar of the concerned Motor Accident Claims Tribunal. The remaining amount shall be deposited in a fixed deposit of any nationalised bank.

6.

Civil Application is allowed and disposed of accordingly. 7.

All concerned to act on an authenticated copy of this order. (MRIDULA BHATKAR, J.) 2 / 2