Final Order 1

Order Details: Order on Exh.
Pdf Text: Order Below Exh.1 in Misc Appl. No. 67 of 2025
In
Disposed M.A.C.P. No.2069 of 2010
1. By this application the applicant-Smt.Sunita
Virendra @Birendra Sahani has prayed that the 20% each
share of minor applicant No.2 & 3 alongwith interest
accrued thereon in the remaining 50% amount of
compensation be invested in fixed deposit in any
nationalised bank till they attain age of majority. She has
further contended that during the pendency of the appeal
respondent No.1-Mr.Gulzar Ramji Sahani and the
respondent No.2-Smt.Ramrati Gulzar Sahani, has died due
to old age on 3.9.2023 and 05.02.2020 respectively at
Gorakhpur, U.P. and there are no other surviving legal
heirs of the respondent other than the applicant Nos.1 to 3
in the claim application. Therefore, the share of 10% each
of respondent Nos.1 & 2 in the balance 50% amount of
compensation be paid to the applicant No.1-Smt.Sunita
Virendra @Birendra Sahani. The insurer has preferred
F.A.No.571 of 2023 which was dismissed on 30.7.2024.
Therefore, the applicants have made the above prayers.
2. The report of the A.O. shows that the insurer
has deposited cheque for Rs.22,95,332/- in the name of
A.O., MACT, Mumbai on 6.12.2017 and said amount
invested in Canara bank, Fort Market Brach, Mumbai on
12.10.2018. As per MACT, MA No.14120 order
dt.24.1.2020, Rs.13,30,164/- recalled from respective bank
on 24.02.2020. Out of the said amount Rs.5,32,066/- paid
to applicant no.1 and Rs.2,66,031/- each invested in the
name of minor applicant Nos.2 & 3 in Bank of India,
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Ballard Estate Branch, Mumbai on 21.11.2020.
Rs.1,33,016/- each paid to respondent nos.1 & 2 on
7.12.2020. Balance amount of Rs.11,47,666/- reinvested
with interest in respective bank. As per MACT order order
dt.30.09.2024 in M.A.No.420/2024, invested amount was
recalled from respective bank which is Rs.13,57,976/- on
03.01.2025. Out of the said amount Rs.5,43,190/- paid to
applicant No.1 on 24.1.2025 and the balance amount is
Rs.8,14,786/- for payment.
4. While the report of writ section shows that
there is no other order than the order Dt. 30.7.2024 passed
by the Hon'ble Bombay in First Appeal No.571/2023.
5. As the appeal preferred by the insurer got
dismissed on 30.7.2024, the share of 10% each of
respondent No.1-Mr.Gulzar Ramji Sahani & respondent
No.2-Smt.Ramrati Gulzar Sahani will have to be given to
minor applicant No.2 & 3 equally the legal heirs of the
deceased respondents No.1 and 2 and their own share of
20% each of minor applicant No.2 & 3 be invested in their
name in fixed deposit in any nationliased bank till they
attain the age of majority. Hence, this application deserves
to be allowed. Hence, I pass the following order.
ORDER
1. The miscellaneous application is allowed.
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2. The Accounts Officer is directed to recall the
remaining 50% amount along-with interest accrued
thereon from Bank, to the credit of the bank account of this
Tribunal. The details of the bank account of this Tribunal
are as under:-
Account Name MOTOR ACCIDENT CLAIMS
TRIBUNAL MUMBAI
Account No. 00000040777482356
IFS Code SBIN0030002
MICR Code 400002273
3. On such deposition of the amount, the
remaining amount of share of 10% each of deceased
respondent No.1-Mr.Gulzar Ramji Sahani & respondent
No.2-Smt.Ramrati Gulzar Sahani be equally invested in the
name of minor applicant No.1 and 2, and the amounts of
the share of minor applicant No. 2 and 3 i.e. 20% also be
invested in their name in fixed deposit in any nationliased
bank till they attain the age of majority.
(S.B.Munde)
Member
Date :- 18.02.2025 MACT, MUMBAI
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