This judgment allows an injured applicant to withdraw 50% of the compensation deposited. The court directed release of ₹10 lakhs via an undertaking and ₹15 lakhs via security, safeguarding the insurance company's right of recovery.
Withdrawal of ₹10 lakhs on undertaking and ₹15 lakhs on security furnished to the Registrar (Judicial).
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF BOMBAY AT GOA MISC.CIVIL APPLICATION NO. 971 OF 2016
IN
FIRST APPEAL NO. 33 OF 2016
VICTOR DANIEL., Versus UNITED INDIA INSURANCE CO. LTD.,
... Respondent
Adv. C. Coutinho with Adv. Shailesh Redkar for the Applicant. Adv. A.R.S. Netravalkar for the Respondent.
Coram:C. V. BHADANG, J.
Date:10th February, 2017
P.C.:
This is an application for withdrawal of 50% of the amount of compensation deposited before this Court.
MCA/971/2016
2
has directed the applicant to deposit the amount, subject to right of recovery from the insured.
MCA/971/2016
3
nature of the injuries and the permanent disability at least 50% of the amount may be allowed to be withdrawn subject to the conditions as may be imposed by this Court.
4 MCA/971/2016
an additional sum of Rs.15.00 lakhs is released subject to the applicant giving security to the satisfaction of the Registrar (Judicial) of this Court. This will adequately safeguard the interest of both the parties. In the result the following order is passed:
Order:
(i) The office shall permit withdrawal of Rs.10.00 lakhs on the applicant furnishing an undertaking, that he will bring back the amount, in the event the appeal is allowed. The undertaking shall be furnished before the Registrar (Judicial) of this Court.
(ii) An additional sum of Rs.15.00 lakhs be released in favour of the applicant, subject to furnishing of security to the satisfaction of the Registrar (Judicial) of this Court.
(iii) This shall be without prejudice to the rival contentions of the parties in the appeal.
C. V. BHADANG, J.
ap/-
1 issue framed by the court
Whether an applicant in a motor accident case can withdraw a portion of the compensation deposited before this Court in the Constitutional Bench.
Colour shows how this judgement treated each authority
S. IYYAPAN VS. UNITED INDIA INSURANCE COMPANY LIMITED AND ANOTHER (2013) 7 SCC 62Explained¶11
VICTOR DANIEL
UNITED INDIA INSURANCE CO. LTD.
C. V. BHADANG
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
