Allowed

Nandkumar Baburao Kumbhar and Ors. v. National Insuranec Company Limited and Ors.

Bombay HC17 Feb 2022IA/587/2022

Case brief

AI extract

What is this about?

This single-judge order allowed two interim applications. It permitted the applicant to withdraw 50% of deposited compensation upon an undertaking and directed transfer of statutory appeal fees to the Tribunal. It also condoned a 1656-day delay in filing the appeal.

What did the court decide?

Allowed withdrawal of 50% compensation with undertaking; condoned delay of 1656 days subject to costs; placed appeal for admission.

Nandkumar Baburao Kumbhar and Ors. Vs National… — Motor Accident Claims | Bombay HC (2022)

¶1

10-FA(ST)-IA-3625-2019-IA-3624-2019.doc

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

¶3

CIVIL APPELLATE JURISDICTION

¶4

FIRST APPEAL (ST) NO.30677 OF 2019

¶5

IN

¶6

INTERIM APPLICATION NO.3625 OF 2019

¶7

WITH

¶8

INTERIM APPLICATION NO.3624 OF 2019

¶9

IN

¶10

FIRST APPEAL (ST) NO.30677 OF 2019

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NATIONAL INSURANCE COMPANY LIMITED)...APPLICANT

¶12

V/s.

¶13

NANDKUMAR BABURAO KUMBHAR & ORS.)...RESPONDENTS

¶14

WITH

¶15

INTERIM APPLICATION NO.587 OF 2022
IN

¶16

FIRST APPEAL (ST) NO.30677 OF 2019

¶17

NANDKUMAR BABURAO KUMBHAR & ORS.)...APPLICANTS

¶18

V/s.

¶19

NATIONAL INSURANCE COMPANY LIMITED)
AND OTHERS)...RESPONDENTS

¶20

Mr.P.A.Narayanan, Advocate for the Appellant and Applicant in
I.A.No.3624 of 2019 and I.A.No.3625 of 2019.

¶21

Mr.Amol Gatne, Advocate for the Respondent No.6.

¶22

AVK 1/4

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ARTI VILAS KHATATE Digitally signed byARTI VILAS KHATATE Date: 2022.02.17 17:12:53 +0530

¶24

10-FA(ST)-IA-3625-2019-IA-3624-2019.doc

¶25

Mr.Pritesh Bohade, Advocate for Applicant in I.A.No.587 of 2022.

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CORAM: V. G. BISHT, J.
DATE: 17th FEBRUARY 2022

¶27

P.C.:

¶28

1The applicant has moved the application for withdrawal of
amount deposited by the original appellant pursuant to the
judgment and Award dated 30th December 2014 passed by the
learned Member, MACT, Satara in Motor Accident Claim Petition
No.352 of 2007.

¶29

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

¶30

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 no.2 of the order dated 30th

¶31

AVK 2/4

¶32

10-FA(ST)-IA-3625-2019-IA-3624-2019.doc

¶33

December 2014 in Motor Accident Claim Petition No.352 of
2007. 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.

¶34

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.

¶35

5Interim Application No.587 of 2022 is allowed and stands
disposed of accordingly.

¶36

6The reasons attributed for delay of 1656 days in filing the
present appeal are explained in Interim Application No.3624 of
2019. The same are accepted and delay in filing the present
appeal is condoned subject to payment of costs of Rs.5,000/- to
be deposited with High Court Legal Aid Services.

¶37

AVK 3/4

¶38

10-FA(ST)-IA-3625-2019-IA-3624-2019.doc

¶39

7 Interim Application No. 3624 of 2019 is allowed and stands disposed of accordingly.

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8 The appeal be numbered.

¶41

9 Place the First Appeal for Admission along with Interim Application No.3625 of 2019 on 16^th March 2022.

¶42

 (V. G. BISHT, J.)

¶43

AVK 4/4

Nandkumar Baburao Kumbhar and Ors. v. National Insuranec Company Limited and Ors.

Case brief

What is this about?

What did the court decide?

Nandkumar Baburao Kumbhar and Ors. v. National Insuranec Company Limited 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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