Civil Application No. 8203 of 2009 · Bombay High Court
Case at a glance
Outcome
Disposed of
Application is disposed of in the
Provisions considered
- Motor Vehicles Act, 1988 s. 166
Judgment
Heard Shri Patnoorkar, learned Counsel for the applicants and Shri Kulkarni, learned Counsel for respondent No.1. Though respondent no.2 is served, nobody appears for him. 2 This application is for withdrawal of amount of Rs.89575/- deposited in this Court by the 1st respondent. The applicants have filed claim petition initially under Section 166 of the Motor Vehicles Act, 1988 (for short, "Act"), which was converted into the petition under Section 163-A of the Act. The petition was filed for claiming compensation on account of death of Savita on 3rd October,
Operative part
1998. At the time of accident, she was 6 years old. The applicants claimed compensation of Rs.1,50,000/- from the owner of the vehicle involved in the accident the respondent no.1 Insurance Company. After considering the material on record, the tribunal awarded compensation of Rs.1,62,000/- inclusive of amount of Rs. 50,000/- towards no fault liability. The tribunal directed the owner and the Insurance Company to pay Rs.1,12,000/- to the claimants together with interest @ 9% per annum from the date of petition till full payment of the amount. 3 It is not in dispute that pursuant to the impugned judgment and award, the Insurance Company deposited Rs.1,39,000/- in this Court. Out of that, the applicants have withdrawn Rs.50,000/- and the balance Rs. 89,000/- were invested in fixed deposit. Considering the controversy raised in the appeal, in my opinion, the following order would meet the ends of justice: "Out of Rs.89,000/- invested in fixed deposit, the applicants are permitted to withdraw Rs.39,000/- along with interest accrued on furnishing solvent security to the satisfaction of the Registrar of this Court. Balance amount of Rs.50,000/- shall be invested in fixed deposit in nationalized Bank initially for one year and the same shall be renewed during pendency of this appeal. Civil Application is disposed of in the aforesaid terms with no order as to costs.
09.12.2009. PLK/*
(R.G. KETKAR, J.)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Application is disposed of in the
Which statutory provisions did this judgment involve?
Motor Vehicles Act, 1988 — s. 166.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.