Mr. Gajanan Shridhar Mankame And ANR. v. The New India Assurance Company Ltd. And ANR.

Rane 1/2 IA-2752-2019--SR.5.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2752 OF 2019 IN FIRST APPEAL NO. 1246 OF 2014 MR. GAJANAN SHRIDHAR MANKAME AND ANR.

} APPLICANTS V/S.

THE NEW INDIA ASSURANCE CO. LTD. AND ANR.

} RESPONDENTS * * * * Ms. Amrin Khan a/w. Mr. Pradeep Tittu i/by. Mr. A.M. Gokhale, Advocate for the applicant in IA-2752-2019 and for respondent no.2 in F.A.

Mr. D.R. Mahadik, Advocate for the appellant in F.A.-12462014 and for applicant in CAF- 3543-2014. Coram : Sandeep K. Shinde, J.

(through Video Conference).

Thursday, 10th February, 2022.

P.C. :

1) This application seeks leave to withdraw part of compensation with interest accrued thereon deposited by the appellant-Insurance Company pursuant to Award dated 10th April, 2014 drawn by the Additional Member, Motor Accidents Claim Tribunal, Thane in Motor Accidents

Rane 2/2 IA-2752-2019--SR.5.odt Claim Petition No.991/2004. The subject claim was fled by the parents of the deceased. Pending this Appeal, father of deceased- Gajanan Shridhar Mankame, expired.

2) Mr. Mahadik, learned Counsel for the appellantInsurance Company submits that, steps shall be taken to bring the legal representatives of the deceased on record within two weeks from today. Statement is accepted. 3) The accident in question, which gave rise to the claim had taken place in December, 2021. The Award was passed in 2014. The sole appellant (claimant) is 68 years old, mother of the deceased. She has no source of income. 4) In consideration of the facts stated above, the applicant-Pushpalata Gajanan Mankame (original claimant) is permitted to withdraw Rs.3,00,000/- (Rs. Three Lakhs only) with interest accrued thereon till date. Member, Motor Accidents Claim Tribunal, Thane shall permit applicant -Pushpalata Gajanan Mankame, to withdraw Rs.3,00,000/- (Rs. Three Lakhs only) with interest accrued thereon. Application is allowed and NEETA SHAILESH SAWANT disposed of.

NEETA SHAILESH SAWANT Date: 2022.02.16 16:11:26 +0530 (Sandeep K. Shinde, J.)