Yasmin Ashpak Naikwadi And ORS v. New India Assurance Co. Ltd., Thr Its Authorized Signatory, Aurangabad And Another

{1} CA 4331 OF 2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 5 CIVIL APPLICATION NO.4331 OF 2021 IN FAST/41003/2019 YASMIN ASHPAK NAIKWADI AND ORS.

VERSUS

NEW INDIA ASSURANCE CO. LTD., THR ITS AUTHORIZED SIGNATORY, AURANGABAD AND ANOTHER ...

Advocate for Applicants : Mr.P.S.Chavan Advocate for Respondent No.1 : Mr.A.B.Kadethankar ...

CORAM : M.G.SEWLIKAR, J.

DATE: 1st April, 2021 PER COURT:- 1.

Heard.

2.

Mr.A.B.Kadethankar, learned counsel for the respondent No.1 states that the appeal is fled challenging the involvement of the vehicle in the accident. He submitted that there is delay in lodging the First Information Report (FIR) and in the FIR it was alleged that dash was given by an unknown vehicle. Number of the vehicle was also not mentioned in the FIR. Though, chargesheet is fled, there is no evidence to even prima-facie prove that the vehicle insured by the applicants was involved in the accident. Therefore, he submitted that respondent No.1appellant has a very good chance of succeeding in appeal. 3.

Mr.P.S.Chavan, learned counsel for the applicants submits that eye-witnesses have been examined for proving the

{2} CA 4331 OF 2021 involvement of the vehicle. On the basis of this evidence, the learned Tribunal awarded the amount of compensation. 4.

Having regard to this, I am inclined to allow the applicants to withdraw Rs.9,50,000/- (Rs.Nine lacs ffty thousand only) alongwith interest.

5.

Mr.Chavan, learned counsel for the applicants submits that entire amount be transferred to the Tribunal. In view of this, following order is passed:

ORDER

I) Application is allowed.

II) Applicants are allowed to withdraw the amount of compensation to the tune of Rs.9,50,000/- (Rs.Nine lacs ffty thousand only) alongwith interest. The amount shall be disbursed to the applicants in terms of the disbursement made by the learned Tribunal.

III) The amount of compensation deposited by the appellant be transferred to the Motor Accident Claims Tribunal, Osmanabad.

IV) The amount shall be disbursed on the undertaking that if the respondent No.1-appellant succeeds in the appeal, the applicants will deposit the entire amount at once.

V) Remaining amount after disbursement be deposited in Fixed Deposit in any Nationalized bank of the choice of the applicants.

( M.G.SEWLIKAR ) JUDGE SPT