Maruti Gunaji Bhalerao As Per Proceedings (Correct Name Is Shri. Maruti Ranu Bhalerao) And ANR. v. Smt. Smita Amit Bhalerao And ORS.

(P.A.) 105_IA_1313_2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.1313 OF 2026 IN FIRST APPEAL NO.895 OF 2016 Shri. Maruti Gunaji Bhalerao as Per Proceedings (Correct name is Shri. Maruti Ranu Bhalerao) and Anr.

...Applicants

Versus

Smt. Smita Amit Bhalerao and Ors.

...Respondents

Mr. Mohd. Atif Haider i/by A.M. Gokhale, for the Applicants. None for the Respondent.

CORAM

DR. NEELA GOKHALE, J.

DATED:

20TH FEBRUARY 2026 PC:- 1.

The order dated 18th April, 2015, passed by the Member, Motor Accident Claims Tribunal, Mumbai in Motor Accident Claim Application No.357 of 2013 reads thus: 1.

Application is allowed with costs.

2.

The Opp. Party and the Insurance Company shall jointly and severally pay a sum of Rs.13,74,000/- ( Rupees Thirteen Lacs Seventy Four Thousand only) inclusive of the NFL, if any, to the applicant and respondent No.2 along with interest @7.5% p.a. from the date of application till realisation.

(P.A.) 105_IA_1313_2016.doc 3.

The Opp. Party and insurance Company are directed to deposit the amount of compensation with accrued interest by A/c. Payee cheque duly crossed and drawn in the name of the applicant.

4.

On depositing the amount 65% amount be paid to applicant widow of the deceased and 35% amount be paid to Respondent No.2 mother of the deceased by A/c. Payee cheque after due verification and on recovery of deficit Court fee, if any. 5.

Applicant and respondent No.2 are directed to deposit the deficit court fees on the excess amount than claimed. 2.

Today, the Appellant No.2, the mother of the deceased, by way of the present Application, seeks to withdraw her share of the compensation amount deposited by the Insurance Company before the Motor Accident Claims Tribunal, Mumbai.

3.

None appears on behalf of Respondents today.

4.

Considering the averments made in the Application and the submissions of Mr. Haider, learned counsel for Appellant No.2 i.e. the mother of the deceased, the Appellant No.2 is permitted to withdraw 50% of her share of 35% of the comepnsation as deposited by the Insurer in the

(P.A.) 105_IA_1313_2016.doc Motor Accident Claims Tribunal, Mumbai, pursuant to award dated 18th April, 2015.

5.

Interim Application is allowed in the aforesaid terms and is disposed of.

(DR. NEELA GOKHALE, J)