Partly allowed

Smt. Rukhmini Yashwant Dhope and Anr. v. National Insurance Company Ltd.

Bombay HC23 Feb 2022CAF/2801/2019

Case brief

AI extract

What is this about?

The court allowed the applicant to withdraw 50% of the compensation deposited pursuant to the lower court's award in a motor accident case, subject to conditions regarding potential reversals. The statutory appeal deposit was ordered to be transferred to the tribunal, while the balance must be deposited in a nationalized bank.

What did the court decide?

Allowed withdrawal of 50% of compensation; transferred Rs. 25,000 statutory deposit to Motor Accident Claims Tribunal; remaining balance to be deposited in nationalized bank.

Smt. Rukhmini Yashwant Dhope and Anr. Vs National Insurance Company… — Insurance | Bombay HC (2022)

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9-CA-2801-2019.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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CIVIL APPLICATION NO.2801 OF 2019

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IN
FIRST APPEAL (ST) NO.30127 OF 2016

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SMT. RUKMINI YASHWANT DHOPE & ANR.)...APPLICANTS

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V/s.

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NATIONAL INSURANCE COMPANY LTD.)...RESPONDENT

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Mr. P.J.Pawar, Advocate for the Applicant.

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Mr. Amol Gatne, Advocate for the Appellant.

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Smt. Nidhi Bangera a/w. Smt. Deepika Prabhala i/by. Res Juris,
Advocate for Respondent No.4.

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CORAM: V. G. BISHT, J.

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 DATE: 23rd FEBRUARY 2022

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P.C.:

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1The applicant has moved the application for
withdrawal of amount deposited by the original appellant

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pursuant to the judgment and Award dated 30th January 2016

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passed by the learned Member, MACT, Satara in Motor Accident
Claim Petition No.598 of 2010.

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AVK 1/2

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Digitally signed byARTI ARTI VILAS VILAS KHATATE KHATATE Date: 2022.02.23 16:49:48 +0530

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9-CA-2801-2019.doc

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2Heard learned counsel for both the parties. Learned counsel
for the original appellant has objected the application.

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3In view of submissions made by the learned counsel for the
applicant, applicant is allowed to withdraw 50% of the
compensation amount as per the judgment and order and
apportionment made in paragraph nos.2 and 3 of the order dated
30th January 2016 passed by the learned Member, MACT, Satara
in Motor Accident Claim Petition No.598 of 2010. The applicant
is directed to give an undertaking of returning the said amount to

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be withdrawn in the event of appeal being allowed with
prevailing rate of interest.

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4The 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.

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5Interim Application is allowed and stands disposed of
accordingly.

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6 Place the First Appeal for Admission on 28^th March 2022.

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 (V. G. BISHT, J.)

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AVK 2/2

Smt. Rukhmini Yashwant Dhope and Anr. v. National Insurance Company Ltd.

Case brief

What is this about?

What did the court decide?

Smt. Rukhmini Yashwant Dhope and Anr. v. National Insurance Company Ltd.

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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