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2021 DIGILAW 1609 (BOM)

Swajay @ Amar Narahari Bhosle v. New India Assurance Co. Ltd. , Rep. By Divisional Manager Rishika T. Ojha

2021-11-27

MANISH PITALE

body2021
JUDGMENT Manish Pitale, J. - By this application, the Applicant is seeking withdrawal of amount of Rs.16,89,272/-, lying in this Court. 2. The Insurance Company has filed the Appeal challenging the Judgment and Order passed by the Motor Accident Claims Tribunal, in favour of the Respondent, Applicant herein. At the time of admission and grant of interim stay, the Insurance Company was directed to deposit the entire decretal amount. Consequently, an amount of Rs.31,89,272/- was deposited. 3. It is an admitted position that by an earlier order passed in the year 2017, this Court permitted the Respondent (Applicant) to withdraw Rs. 15,00,000/-. 4. The Insurance Company has opposed the present application stating that sufficient amount was already released in favour of the Applicant and that the Appellant-Insurance Company has a very strong case to demonstrate that the impugned Judgment and Order passed by the Tribunal in favour of the Respondent is unsustainable, particularly in the light of non-examination of the Doctor. 5. This Court has considered the contents of the present application. The learned Counsel appearing for the Applicant has submitted that the Applicant has no source of income and the injury caused to him has resulted in the Applicant not being able to pursue his business and that the Applicant is facing notices from Banks for loans that he had taken. 6. Having considered the rival contentions raised on behalf of the parties, this Court is of the opinion that it would be in the interest of justice that the hearing of the Appeal is expedited and, in the meanwhile, the Applicant is permitted to withdraw a further amount of Rs. 5,00,000/- from this Court. 7. In view of the above, the application is disposed of by directing the release of Rs.5,00,000/- in favour of the Applicant subject to the Applicant filing an undertaking that in the event the Appeal is allowed, the Applicant shall return the said amount to the Appellant with such interest as this Court may direct. 8. The hearing of the Appeal is expedited.