917CA7309

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

917 CIVIL APPLICATION NO. 7309 OF 2020

IN FAST/134/2020

KAVITA NITIN AWAD AND OTHERS

VERSUS

THE NEW INDIA ASSURANCE CO. LTD., THROUGH ITS

AUTHORISED SIGNATORY, AURANGABAD

Advocate for Applicant : Mr. S.A. Wakure.

Advocate for Respondent No. 1 : Mr. D.P. Deshpande.

CORAM : SHRIKANT D. KULKARNI, J.

DATED : 01.07.2021

PER COURT :

It is an application for withdrawal of amount moved by the

applicants / original claimants.

2.

Heard Mr. Wakure, learned Advocate for the applicants /

original claimants and Mr. Deshpande, learned Advocate for

respondent No. 1 / Insurance Company. Perused the impugned

judgment and award passed in MACP No. 383/2016 by the Chairman,

Motor Accident Claims Tribunal, Osmanabad.

3.

The learned Chairman, MACT, Osmanabad, was pleased to

award compensation of Rs. 10,78,000/- with interest at the rate of

7% per annum to the original claimants. The question is about

withdrawal of amount. Mr. Deshpande, learned Advocate appearing

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for respondent No. 1 strongly opposes to allow this application by

inviting my attention to the impugned judgment, more preferably

para Nos. 19, 20 and 21. He points out that it is a false involvement

of the vehicle. The Insurance Company has also denied the police

papers and the claimant has not taken necessary steps to prove those

documents. The involvement of the vehicle has not been duly proved

in the eyes of law. He submits that it would be proper to expedite the

final hearing of the appeal in stead of allowing the applicants to

withdraw the amounts.

4.

Certain arguable points are raised by Mr. Deshpande, learned

Advocate for the Insurance Company. However, it is a death claim

and whatever meritorious contentions raised by Mr. Deshpande, will

be certainly looked into at the time of final hearing stage of the

appeal. At this stage, I am convinced to allow the applicants to

withdraw 50% of the amount deposited by the Insurance Company,

however, with certain conditions and an undertaking which would

meet the ends of justice.

ORDER

i.

The application for withdrawal of amount is hereby allowed.

ii.

The applicants / claimants are permitted to withdraw 50% of

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the amount deposited by the Insurance Company in this Court on

usual undertaking and on necessary conditions to the satisfaction of

the Registrar (Judicial) of this Court.

iii.

The amount shall be disbursed as per the proportion shown in

the impugned judgment passed by the MACT, Osmanbad.

iv.

Civil Applicant stands disposed of, accordingly.

( SHRIKANT D. KULKARNI, J. )

S.P.C.