Jayashree G. Gaunder @ Gounder And ANR., v. The New India Assurance Company Ltd., Thr. Its Manager And 2 ORS.,

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 206 OF 2018 IN FIRST APPEAL NO. 103 OF 2016 JAYASHREE G. GAUNDER @ GOUNDER AND ANR., ... Applicants

Versus

THE NEW INDIA ASSURANCE COMPANY LTD., THR. ITS MANAGER AND 2 ORS., ... Respondents Mr. Narayan Govekar, Advocate for the Applicants. Ms. Yadika Mandrekar, Advocate for the Respondents. Coram:- C. V. BHADANG, J.

Date:- 16th March 2018 P.C.

This is an application for withdrawal of the amount. The husband of the applicant no. 1 and the father of the applicant no. 2 died in a motor vehicular accident.

2. The Tribunal has granted compensation of Rs.13,77,000/- along with interest at the rate of 9% per annum. The Insurance Company has deposited Rs.16,54,401/- on 21.11.2016.

3. The applicant no. 1 is seeking withdrawal of 50% of the amount on the ground that the same is required for maintenance of the applicant no. 1 and for the minor son, who is aged 8 years.

MCA/206/2018

4. On hearing the learned Counsel for the parties and for the reasons mentioned in the application and considering the fact that there is a challenge to the quantum of the compensation granted, at the instance of the Insurance Company and that the applicants, at this stage, are only seeking withdrawal of 50% of the amount, the same is allowed. The applicants are permitted to withdraw 50% of the amount deposited before this Court on 21.11.2016, subject to the undertaking by the applicant no. 1 that she will bring back the amount, if so ordered.

5. The Civil Application is accordingly disposed of. C. V. BHADANG, J.

EV