Allowed

Tukaram Sahdev Teli and Ors. v. the New India Assurance Co. Ltd. through Mumbai Legal Hub

Bombay HC4 Aug 2023IA/13853/2023

Case brief

AI extract

What is this about?

This High Court allowed a temporary withdrawal of 30% of a deposited decretal amount pending the disposal of an appeal, subject to an undertaking for return with interest if the applicants succeed.

What did the court decide?

Order allows withdrawal of 30% of the deposited amount subject to undertaking to return it with interest within four weeks if the appeal is allowed.

Tukaram Sahdev Teli and Ors. Vs the New India Assurance Co. Ltd… — Insurance | Bombay HC (2023)

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6-IA-13853-2023.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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INTERIM APPLICATION NO.13853 OF 2023
IN
FIRST APPEAL NO.449 OF 2021

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TUKARAM SAHDEV TELI AND ORS.)...APPLICANTS

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V/s.

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THE NEW INDIA ASSURANCE CO. LTD.)...RESPONDENT

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Mr.Y.M.Pendse a/w. Mr.Amit Choudhary, Advocate for the Applicants /
Respondents No.1 to 3.

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Mr.D.S.Joshi, Advocate for the Appellant.

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CORAM:ABHAY AHUJA, J.
DATE:4th AUGUST 2023

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P.C. :

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1. This Interim Application is preferred by the original claimants

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seeking to withdraw the amount deposited by the Insurance Company.

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2.Mr.Pendse, learned Counsel for the Interim Applicants, would
submit that the deceased, who was working in Bigsun Technologies Pvt.
Ltd., was 25 years old when he met the fatal accident. The Applicants
were fully dependent on his income and because of the death of Tushar
Tukaram Teli, they have lost their only source of income. Learned

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avk 1/2

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6-IA-13853-2023.doc

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Counsel would submit that, therefore, some interim compensation be
awarded to them till disposal of the Appeal, as no amounts have been
received, as there is a stay on the execution.

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3.Mr.Devendranath Joshi, learned Counsel, would submit that,
although the Insurance Company has deposited the entire decretal
amount, however, as there are triable issues raised in the Appeal, the
entire amount cannot be allowed to be withdrawn.

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4.Having heard the learned Counsel and having perused the
application as well as the impugned decision, this Court is of the view
that interests of justice would be served if 30% of the amount deposited
is allowed to be withdrawn, in the manner contained in the impugned
judgment and award, subject to an undertaking that if the Appeal is
allowed, the claimants will bring back the amount along with interest
within a period of four weeks.

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5. Interim Application, accordingly, is allowed and stands disposed.

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(ABHAY AHUJA, J.)

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avk 2/2

Tukaram Sahdev Teli and Ors. v. the New India Assurance Co. Ltd. through Mumbai Legal Hub

Case brief

What is this about?

What did the court decide?

Tukaram Sahdev Teli and Ors. v. the New India Assurance Co. Ltd. through Mumbai Legal Hub

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

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