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National Insurance Co. Ltd. VS Gauri Gurudas Gaonkar

National Insurance Co. Ltd. VS Gauri Gurudas Gaonkar - 18 Aug 22

India - Bombay

Vehicles Act. ... The Respondents-Claimants were entitled to withdraw the deposited amount with interest. ... the deposited amount with interest. ... Admittedly, no leave was obtained by the Insurance Company under Section 170 of the Motor Vehicles Act. ... Now that this appeal is dismissed, the Respondents-Claimants will be entitled to withdraw the deposited amount, together with interest ... The Appellant-Insurance appeals the judgment and award dated 30th September 2015 in Claim Petition No.107/2014, by which the Motor
United India Insurance Co. Ltd. VS Manju Devis

United India Insurance Co. Ltd. VS Manju Devis - 21 Aug 98

India - Patna

Withdrawal - Motor Vehicles Act - The court allowed the claimant to withdraw the amount deposited under Section 173 of the Motor ... Finding of the Court: The court found that the amount deposited under Section 173 of the Motor Vehicles Act could be ... Issues: The main issue was whether the amount deposited under Section 173 of the Motor Vehicles Act could be withdrawn by ... Section 173 of the Motor Vehicles Act, 1988. ... The question involved is as to whether the amount deposited under Section 173 of the Motor Vehicles Act can be allowed to be withdrawn ... under Section 173 of the Motor Vehicles Act, 1988.
Shriram General Insurance Co. Ltd. , Through the legal manager, Mr. Tushar Bendale VS Albino Fernandes

Shriram General Insurance Co. Ltd. , Through the legal manager, Mr. Tushar Bendale VS Albino Fernandes - 01 Apr 22

India - Bombay

The appellant-insurance company had deposited the awarded amount, and the claimants were granted leave to withdraw the amount after ... Final Decision: The appeal was dismissed, and the claimants were granted leave to withdraw the deposited amount. ... The appellant-insurance company was also granted liberty to withdraw the statutorily required amount deposited by it. ... Vehicles Act. ... Vehicles Act. ... to withdraw the amount of Rs. 25,000/-deposited by it as statutorily required, at the time of institution of this appeal.
HOSNEARA BEGUM and 2 ORS vs THE ORIENTAL INSURANCE CO. LTD

HOSNEARA BEGUM and 2 ORS vs THE ORIENTAL INSURANCE CO. LTD - 16 May 24

India - Gauhati

(A) Motor Vehicles Act - Compensation for death - Award of Rs.41,71,039/- by Tribunal for death of husband of claimant - Insurance ... as children have attained majority and have independent status - Court grants leave to withdraw the deposited amount. ... ... ... Issues: The primary issue was whether the petitioners, now adults, could withdraw the deposited compensation amount. ... Page No.# 3/3 Therefore, the present petitioners have filed this application for leave of this court to withdraw the amount ... application has been filed praying for a direction to allow the present petitioners to receive the Rs.15,50,000/-, which is lying deposited ... The Tribunal further rdirected that out of the total compensation of Rs.41,71,039/-, an amount of Rs.15,00,000/- each should
Oriental Insurance Co. Ltd. VS Pappu Devi

Oriental Insurance Co. Ltd. VS Pappu Devi - 05 Jun 17

India - Rajasthan

Motor Vehicles Act, 1988 – Section 173 – Impugned judgment – Granting of relief – Appellant-Oriental Insurance ... Company Ltd. has preferred this appeal, under Section 173 of Motor Vehicles Act, 1988 to assail impugned judgment and award dated ... regard to these peculiar facts of case in hand, court is satisfied that claimant may be allowed to withdraw amount deposited by ... Act, 1988 (for short, 'Act'), to assail impugned judgment and award dated 06.12.2000 passed by Motor Accident Claims Tribunal (First ... ... Appellant-Oriental Insurance Company Ltd. has preferred this appeal, under Section 173 of the Motor Vehicles ... the amount deposited by the Insurance Company before this Court along with accrued interest.
MASTER SACHIN, (MINOR), REP. BY THE Vs NEW INDIA ASSURANCE CO. LTD.

MASTER SACHIN, (MINOR), REP. BY THE Vs NEW INDIA ASSURANCE CO. LTD. - 24 Aug 09

India - Kerala

Withdrawal - Motor Vehicle Claims - Motor Vehicles Act Section 166 - The Court accepted the recommendations of the Lok Adalath ... Fact of the Case: A minor, represented by his father, sought to withdraw a balance amount from a compensation claim ... Issues: Whether the minor could withdraw deposited amounts for educational purposes and if the father had adverse interests ... The petitioner filed an application before the Motor Accidents Claims Tribunal, to permit him to withdraw the balance amount of Rs ... .1,29,834/- deposited in court on 20.1.2003. ... Accordingly, Ext.P7 is set aside and the Tribunal is directed to pass fresh orders permitting the petitioner to withdraw such amount
United India Insurance Company Ltd. VS Parvathi

United India Insurance Company Ltd. VS Parvathi - 30 Jun 99

India - Madras

96(4) of the Motor Vehicles Act, 1939. ... Tariff, but the claimants were entitled to withdraw the entire award amount deposited by the appellant. ... The court also relied on Section 96(4) of the Motor Vehicles Act, 1939, which allows the insurer to recover the excess amount paid ... 4) of the Motor Vehicles Act. ... under Section 96 (4) of the Motor Vehicles Act 1939. ... Section 96(4) of the Motor Vehicles Act 1939 states:— ... “ If the amount which an insurer becomes liable under
ACCIDENT CLAIMS TRIBUNAL MEERUT VS MASTER RAJU

ACCIDENT CLAIMS TRIBUNAL MEERUT VS MASTER RAJU - 27 Jan 99

India - Allahabad

Interim Compensation - Motor Vehicles Act - The court upheld the interim compensation granted under Section 140 of the Motor Vehicles ... Vehicles Act. ... Vehicles Act. ... Vehicles Act. ... be deposited by the appellant with the Tribunal. ... However, as stated that the appel lant has already deposited Rs. 12,500/-and further Rs. 12,500/- is yet to be deposited which shall
Branch Manager, The Oriental Insurance Company Limited, District VS D. Varatharajan

Branch Manager, The Oriental Insurance Company Limited, District VS D. Varatharajan - 23 Dec 21

India - Madras

Vehicles Act. ... Motor Vehicles Act - Compensation - Section 163-A(1) - Schedule II - The court discussed the liability of the Insurance Company ... for compensation, the principle of pay and recovery, and the structured formula for compensation under the Motor Vehicles Act. ... Workmen's Compensation Act or the Motor Vehicles Act. ... In view of the reduction on the quantum, the Insurance Company is entitled to withdraw the balance amount more than that of the amount ... Vehicles Act, which governs the quantum of compensation in case of Petition filed under Section 163-A of the Motor Vehicles Act,
United India Insurance Co. Ltd. VS Puja Linda

United India Insurance Co. Ltd. VS Puja Linda - 09 Apr 18

India - Jharkhand

The court set aside the previous award and allowed the appellant to withdraw the statutory amount deposited for filing the appeal ... the statutory amount deposited for filing the appeal. ... Motor Vehicles Act, 1988 - Compromise between Owner and Claimant - Liability of Insurance Company Fact of the Case: ... A. has been filed against the order/award passed on 7th March, 2013 under section 140 of the Motor Vehicles Act, 1988. ... The appellant is permitted to withdraw the statutory amount from the Registrar General of this Court which has been deposited for ... The above amount has been accepted by the claimants as a full and final settlement of their claim.
National Insurance Company Limited VS Latha

National Insurance Company Limited VS Latha - 22 Oct 21

India - Madras

Motor Vehicles Act, 1988 - Section 173 - Accident - Insurance Company - Compensation - Appellant Insurance ... to withdraw amount deposited by them, by filing an appropriate application before Tribunal - Appeal allowed. ... award amount before Tribunal - Since Appellant has deposited award amount before Tribunal, Appellant Insurance Company is permitted ... Prayer: Civil Miscellaneous Appeals filed under Section 173 of Motor Vehicles Act, 1988 against the Judgment ... Since the Appellant has deposited the award amount before the Tribunal, the Appellant Insurance Company is permitted to withdraw ... the amount deposited by them, by filing an appropriate application before the Tribunal.
APSRTC, represented by its Depot Manager VS Chukka Durgayya

APSRTC, represented by its Depot Manager VS Chukka Durgayya - 26 Nov 13

India - Andhra Pradesh

Motor Vehicles Act 1988 - Section 173 – Joint liability to pay amount of compensation -Appellants-hirer can withdraw amount deposited ... Tribunal - Their claim already been satisfied, claimants have nothing to do with money lying before Tribunal over and above awarded amount ... As the insurer deposited the amounts at the outset, the claimants were permitted to withdraw the same in full satisfaction of the ... are entitled to withdraw the same. ... Respondents 1 & 2 laid MOP No.51 of 2002 on the file of the Motor Accidents Claims Tribunal-cum-District Court, Vizianagaram claiming
United India Insurance Co. Ltd. , Tiruppur VS Kaveriammal

United India Insurance Co. Ltd. , Tiruppur VS Kaveriammal - 12 Mar 20

India - Madras

The appellant/Insurance Company was permitted to withdraw the deposited amount with accrued interest, and the claimant was advised ... Motor Vehicles Act, 1988 - Insurance Coverage - Hit and Run Case Fact of the Case: The appeal was filed against the ... to approach the Competent Authority for claiming compensation under Section 161 of the Motor Vehicles Act, 1988. ... Thus, the appellant/ Insurance Company is permitted to withdraw the deposited amount with accrued interest, by filing an appropriate ... Vehicles Act, 1988. ... Thus, the claim petition cannot be entertained under Section 166 of the Motor Vehicles Act, 1988.
National Insurance Company Limited, Karaikudi, through its Branch Manager VS Asari

National Insurance Company Limited, Karaikudi, through its Branch Manager VS Asari - 01 Dec 21

India - Madras

Motor Vehicles Act, 1988 - Section 173 – Appeal filed under Section 173 of Motor Vehicles Act, 1988, to ... , Even in a case of non-filing of First Information Report, tribunal can decide matter for compensation under Motor Vehicles Act ... insurance company is permitted to withdraw excess award amount - After depositing award amount, claimant is entitled to withdraw ... If any excess amount deposited, the appellant/insurance company is permitted to withdraw the excess award amount. ... After depositing the award amount, the claimant is entitled to withdraw the award amount. No Costs. ... Act.
Branch Manager, Reliance General Insurance Company Limited, Chennai VS Chandra

Branch Manager, Reliance General Insurance Company Limited, Chennai VS Chandra - 27 Jan 22

India - Madras

Motor Vehicles Act, 1988 - Section 173 - Deceased was driving his auto bearing Regn on mount road - At time ... is permitted to withdraw the same - After depositing amount, 1st claimant is permitted to withdraw a sum of Rs. 1,50,000/- with ... within a period of six weeks, from date of receipt of copy of order - If any excess amount deposited, appellant/insurance company ... If any excess amount deposited, the appellant/insurance company is permitted to withdraw the same. ... (MD)No.67 of 2021: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, to set aside the fair and decreetal ... (MD)No.68 of 2021: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, to allow this appeal and enhance
National Insurance Co. Ltd. VS Balkrishna Chandru Gaonkar S/o Late Chandru Gaonkar

National Insurance Co. Ltd. VS Balkrishna Chandru Gaonkar S/o Late Chandru Gaonkar - 10 Mar 22

India - Bombay

Final Decision: The appeal was dismissed, but the appellant was granted leave to withdraw the awarded amount deposited in ... , citing the absence of permission under Section 170(b) of the Motor Vehicles Act. ... The appellant was granted leave to withdraw the awarded amount after depositing it in the Court. ... Vehicles Act. ... There is no leave granted under Section 170(b) of the Motor Vehicles Act, 1988 by the Motor Accident Claims Tribunal. ... The appellant has deposited the awarded amount in this Court.
VADIVEL vs NATIONAL INSURANCE CO LTD

VADIVEL vs NATIONAL INSURANCE CO LTD - 25 Jan 11

India - Kerala

Compensation - Motor Accidents Claims Tribunal - Sections 140, 166 of the Motor Vehicles Act - The court interpreted provisions ... Final Decision: The court allowed the writ petition in part, enabling the petitioner to withdraw ₹50,000 from the deposited ... He sought to withdraw ₹1,00,000 from the awarded amount for starting a petty shop, which was denied by the Tribunal due to lack of ... award passed under section 140 of the Motor Vehicles Act. ... Pursuant to the award, the insurer, the respondent herein, deposited the award amount. ... As regards the balance amount, the Tribunal directed that it shall be deposited in a bank for five years and that it will be open
Kumar (Minor) VS National Insurance Co. Ltd. and Others

Kumar (Minor) VS National Insurance Co. Ltd. and Others - 23 Oct 02

India - Madras

Vehicles Act. ... Driving Licence - Liability of Insurer - Motor Vehicles Act, 1939, Section 2(9), Section 2(9-A), Section 2(5-A), Section 3, Section ... 2(9) and 2(9-A) of the Vehicles Act, 1939. ... Vehicles Act. ... awarded as compensation, we consider it just and appropriate to permit the claimants to withdraw the money that has been deposited ... 2 (9-A), respectively, of the Vehicles Act, 1939.
Branch Manager, M/s. United India Insurance Company Limited, Trichy VS Vijayalakshmi

Branch Manager, M/s. United India Insurance Company Limited, Trichy VS Vijayalakshmi - 15 Jun 23

India - Madras

Motor Vehicles Act - Section 173 - The Civil Miscellaneous Appeal was filed under Section 173 of the Motor Vehicles ... If the entire award amount was already deposited, the appellant was permitted to withdraw the excess amount. ... If the entire award amount was already deposited, the appellant was permitted to withdraw the excess amount. ... Vehicles Act Challenging the award made in M.C.O.P.No.201 of 2018, dated 21.09.2022, on the file of the Motor Accidents Claims Tribunal ... If the entire award amount is already deposited, the appellant Insurance Company is permitted to withdraw the excess award amount ... the award amount already deposited,if any, to the credit of claim petition before the Tribunal, within a period of four weeks from
Divisional Manager, Oriental Insurance Company Limited, Vellore VS R. Damodharan

Divisional Manager, Oriental Insurance Company Limited, Vellore VS R. Damodharan - 05 Mar 20

India - Madras

The court allowed the appeal and permitted the appellant to withdraw any deposited amount. ... The appellant was permitted to withdraw any deposited amount, and no costs were awarded. ... Motor Vehicles Act - Insurance Claim - Section 173 - Sections 147, 163-A, 166 of the Motor Vehicles Act, 1988 - The court discussed ... The amount deposited by the appellant/Insurance Company, if any, in the credit of MCOP No.144 of 2012 on the file of the Sub Court-cum-Motor ... , under Sections 147 and 166 of the Motor Vehicles Act. ... to maintain a claim either under Section 163-A of the Motor Vehicles Act, 1988.
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