Mr. Ramesh Shankarlal Bhanushali vs New India Assurance Company Ltd. ... 2022 Latest Caselaw 2016 Bom

Bombay High Court Mr. Ramesh Shankarlal Bhanushali vs New India Assurance Company Ltd. ... on 26 February, 2022 Bench: Virendrasingh Gyansingh Bisht 12-CAF(ST)-11289-2019.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION (ST) NO.11289 OF 2019 IN FIRST APPEAL NO.1025 OF 2017 RAMESH SHANKARLAL BHANUSHALI )...APPLICANT V/s. NEW INDIA ASSURANCE COMPANY LTD. ) AND ANOTHER )...RESPONDENTS Ms. Ayodhya Patki i/by. Mr. Nitesh Bhutekar, Advocate for the Applicant in C.A.F. (ST) No.11289 OF 2019 and for the Respondent in F.A.1025 OF 2017. Ms. Pooja Yadav i/by, Mr.D.R.Mahadik, Advocate for the Appellant in F.A.1025 OF 2017. CORAM : V. G. BISHT, J. DATE : 26th FEBRUARY 2022 P.C. : 1 The applicant has moved the application for withdrawal of amount deposited by the original appellant pursuant to the judgment and Award dated 23rd December 2016 passed by the AVK 1/3 ARTI VILAS KHATATE Digitally signed by ARTI VILAS KHATATE Date: 2022.02.26 15:25:10 +0530 12-CAF(ST)-11289-2019.doc learned Incharge Member, MACT, Mumbai in Motor Accident Claim Petition No.823 of 2009. 2 Heard learned counsel for both the parties. Learned counsel for the original appellant has objected the application. 3 In view of submissions made by the learned counsel for the applicant, applicant is allowed to withdraw 50% of the compensation amount as per apportionment in paragraph no.2 in the judgment and award dated 23rd December 2016 passed by the learned Incharge Member, MACT, Mumbai in Motor Accident Claim Petition No.823 of 2009. The applicant is directed to give an undertaking of returning the said amount to be withdrawn in the event of appeal being allowed with prevailing rate of interest. 4 The statutory amount of Rs.25,000/- deposited in this Court at the time of filing of Appeal shall be transferred to the Motor Accident Claims Tribunal, Mumbai. Rest of the amount to be deposited in a nationalized bank. AVK 2/3 12-CAF(ST)-11289-2019.doc 5 Interim Application is allowed and stands disposed of accordingly. 6 Place the First Appeal for Admission on 30th March 2022. (V. G. BISHT, J.) AVK 3/3