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2021 Supreme(Bom) 1525
IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT GOA
Manish Pitale, J.
Swajay @ Amar Narahari Bhosle - Appellant
Versus
New India Assurance Co. Ltd., Rep. By Divisional Manager Rishika T. Ojha - Respondent
Miscellaneous Civil Application No. 220 of 2021 In First Appeal No. 17 of 2017
Decided On : 27-11-2021
Nilesh V. S. Shirodkar, Advocate, P. Shirodkar, Advocate
The court considered the financial situation of the Applicant and the pending appeal by the Insurance Company in deciding to permit the Applicant to withdraw a further amount from the court.
Headnote:
Withdrawal - Motor Accident Claims Tribunal - The court permitted the Applicant to withdraw a further amount of Rs. 5,00,000/- from the court due to the Applicant's financial situation and pending appeal by the Insurance Company.
Fact of the Case:
The Applicant sought withdrawal of Rs.16,89,272/- from the court, which was lying with the court. The Insurance Company had filed an appeal against the judgment and order passed by the Motor Accident Claims Tribunal in favor of the Applicant.
Finding of the Court:
The court considered the financial situation of the Applicant and the pending appeal by the Insurance Company. It found that it would be in the interest of justice to permit the Applicant to withdraw a further amount of Rs. 5,00,000/- from the court, subject to the condition of returning the amount with interest if the appeal is allowed.
Issues: The main issue was the Applicant's request for withdrawal of funds from the court, opposed by the Insurance Company citing the pending appeal and release of a substantial amount to the Applicant previously.
Ratio Decidendi: The court's decision was influenced by the Applicant's financial hardship and the pending appeal by the Insurance Company, leading to the expedited hearing of the appeal and the permission for the Applicant to withdraw a further amount from the court.
Final Decision: The court disposed of the application by directing the release of Rs.5,00,000/- in favor of the Applicant, subject to the condition of returning the amount with interest if the appeal is allowed. The hearing of the appeal was expedited.
JUDGMENT
Manish Pitale, J. - By this application, the Applicant is seeking withdrawal of amount of Rs.16,89,272/-, lying in this Court.
2. The Insurance Company has filed the Appeal challenging the Judgment and Order passed by the Motor Accident Claims Tribunal, in favour of the Respondent, Applicant herein. At the time of admission and grant of interim stay, the Insurance Company was directed to deposit the entire decretal amount. Consequently, an amount of Rs.31,89,272/- was deposited.
3. It is an admitted position that by an earlier order passed in the year 2017, this Court permitted the Respondent (Applicant) to withdraw Rs. 15,00,000/-.
4. The Insurance Company has opposed the present application stating that sufficient amount was already released in favour of the Applicant and that the Appellant-Insurance Company has a very strong case to demonstrate that the impugned Judgment and Order passed by the Tribunal in favour of the Respondent is unsustainable, particularly in the light of non-examination of the Doctor.
5. This Court has considered the contents of the present application. The learned Counsel appearing for the Applicant has submitted that the Applicant has no source of income and the injury caused to him has resulted in the Applicant not being able to pursue his business and that the Applicant is facing notices from Banks for loans that he had taken.
6. Having considered the rival contentions raised on behalf of the parties, this Court is of the opinion that it would be in the interest of justice that the hearing of the Appeal is expedited and, in the meanwhile, the Applicant is permitted to withdraw a further amount of Rs. 5,00,000/- from this Court.
7. In view of the above, the application is disposed of by directing the release of Rs.5,00,000/- in favour of the Applicant subject to the Applicant filing an undertaking that in the event the Appeal is allowed, the Applicant shall return the said amount to the Appellant with such interest as this Court may direct.
8. The hearing of the Appeal is expedited.
