Smt. Pushpa Mahadeo Bagade And ORS. v. The New India Assurance Co.Ltd. Through Its Legal Hub

13-905-2019-IA=.doc Uday S. Jagtap

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 905 OF 2019 IN FIRST APPEAL (ST.) NO. 29462 OF 2018 Smt. Pushpa Mahadeo Bagade & Ors.

.. Applicants In the matter between The New India Assurance Co. Ltd., .. Appellant Vs.

Smt. Pushpa Mahadeo Bagade & Ors.

.. Respondents .....

Mr. Ghanasham S. Jadhav for the applicants Ms. Poonam Mital for the appellant - insurer CORAM : PRITHVIRAJ K. CHAVAN, J.

DATED : 28th JANUARY, 2021 P.C.

1.

A praecipe is moved by the applicants - claimants for withdrawal of the amount of compensation awarded by the M.A.C.T., Baramati, Dist. Pune in M.A.C.P. No. 189 of 2015 by contending that the claimants are in extreme need of money for their survival. It is contended that the claimants area facing tremendous financial difficulties and are required to obtain loan. 2.

The learned Counsel for the appellant - insurer however, objected the withdrawal by contending that the appellant is likely to succeed in the appeal on merits.

3.

Having taken into consideration the respective submissions, at Digitally signed by UDAY SHIVAJI JAGTAP Date:

2021.01.30 11:14:33 +0530 UDAY SHIVAJI JAGTAP

13-905-2019-IA=.doc this stage, the applicants - claimants are permitted to withdraw 50% of the amount of compensation with accrued interest. The M.A.C.T. shall pay the amount of compensation to each of the applicants - claimants by taking into consideration their respective requirements. 4.

The applicants are permitted to withdraw 50% of the amount deposited by the appellant - insurer before the concerned M.A.C.T upon furnishing an undertaking within one week that if the appellant succeeds in the appeal, the applicants shall return the amount with interest at such rate as would be directed by this Court, depending upon the outcome of the first appeal. 4.

If the applicants do not file an undertaking within the aforesaid period, the amount deposited by the appellant - insurer shall be invested by the M.A.C.T in the fixed deposit of a Nationalized Bank for a period of one year and thereafter for one more year again after obtaining order from this Court. 5.

If 50% amount is withdrawn by the applicants, balance amount shall be invested by the M.A.C.T in a fixed deposit as stated above, in a Nationalized Bank.

6.

The application stands disposed of.

(PRITHVIRAJ K. CHAVAN, J.)