Allowed

Shri. Dilip Manohar Jawalkar and Anr. v. the National Insurance Co.Ltd. and Ors.

Bombay HC28 Jan 2020CAF/3851/2019

Case brief

AI extract

What is this about?

Held a first applicant's application to withdraw 50% of security money deposited by the appellant. Court granted permission subject to filing an undertaking to return the amount if the appeal succeeds and tasked the Motor Accident Claims Tribunal to invest the funds in bank deposits.

What did the court decide?

Approval to withdraw 50% of deposited amount with interest upon filing an undertaking to return the balance if appellant appeals successfully.

Shri. Dilip Manohar Jawalkar and Anr. Vs the National Insurance… — Insurance | Bombay HC (2020)

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18-CAF-3851-2019 in FAST-17205-2018.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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CIVIL APPLICATION NO. 3851 OF 2019
IN

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FIRST APPEAL STAMP NO. 17205 OF 2018

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Shri. Dilip Manohar Jawalkar & Anr.

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…Applicants

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In the Matter Between :

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National Insurance Company Ltd.…Appellant
V/s.
Shri. Dilip Manohar Jawalkar & Ors.…Respondents

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Ms.Amrin Khan i/by Avinash M. Gokhale for the Applicant/Respondent Nos.1 & 2.
Ms. Harshada Manohar Rane, for the Appellant.
Mr. D. R. Mahadik, for the Respondent No.5.

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CORAM : R.D.DHANUKA,J.

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DATE : 28th January, 2020.

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P.C.:-

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1]By this Civil Application applicants who are the parents of the
deceased Shri. Amit Dilip Jawalkar who was 28 years at the time of
accident have prayed for withdrawal of the amount deposited by the
appellant. Appellant has deposited sum of Rs.20,38,329/- towards their
contribution payable under the impugned Judgment and Award without
prejudice to their rights and contention in the appeal filed by the appellant.

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1/3

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Chetan Patil

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2 18-CAF-3851-2019 in FAST-17205-2018.doc

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There appears to be dispute about quantification of the amount awarded by
the Tribunal.

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2] I have heard learned counsel appearing for the parties.

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3]After considering the findings of the Trial Court, I am of the

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prima facie view that applicants may be permitted withdraw 50% amount
deposited by the appellant alongwith accrued interest thereof at this stage
upon the applicants filing an undertaking before the M.A.C.T., Thane within
four weeks from today that if appellant succeeds in the First Appeal
applicants would return such amount with interest at such rate as this court
may direct by subsequent order.

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4] Applicants are directed to file undertaking within four weeks
from today with a copy to serve upon the appellant’s advocate
simultaneously. It is made clear that if the undertaking is not rendered
within the time prescribed, order passed by this Court today, permitting to
withdraw 50% amount to stand vacated without further reference to Court.

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5]In that event, M.A.C.T., Thane, is directed to invest 50% of the
amount deposited by the appellant in a nationalized bank initially for a
period of five years and thereafter for like period depending upon the
pendency of the First Appeal. The balance 50% amount shall be invested in
Fixed Deposit in the similar manner mentioned aforesaid.

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6]Civil Application is disposed of in aforesaid terms.

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2/3

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Chetan Patil

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3 18-CAF-3851-2019 in FAST-17205-2018.doc

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7]Parties as well as M.A.C.T., Thane to act upon authenticated

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copy of this order. No order as to costs.

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 [R.D.DHANUKA, J.]

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3/3

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Chetan Patil

Shri. Dilip Manohar Jawalkar and Anr. v. the National Insurance Co.Ltd. and Ors.

Case brief

What is this about?

What did the court decide?

Shri. Dilip Manohar Jawalkar and Anr. v. the National Insurance Co.Ltd. and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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