Final Order 1

Order Details: Order on Exh.
Pdf Text: ORDER BELOW EX.1 IN MISC. APPLICATION NO.312 OF 2024
IN MACP NO.1184 OF 2010
Read application, report of Accounts Officer and that of
Writ Section. Perused true copy of the order of Hon’ble Parent High
Court in Interim Application No.1058/2023 in First Appeal
No.292/2016 dated 21.06.2024.
2. Heard Learned counsel appearing for applicant.
3. Present application is filed by applicant for withdrawal
of 75% amount as directed by Tribunal (inclusive of 30% already
withdrawn) alongwith accrued interest. It is contended that
applicant filed compensation case which is decided on 25.08.2015.
Accordingly, Insurance company deposited amount before this
Tribunal, then filed First Appeal bearing No.292/2016 against
judgment and award passed by the Tribunal. Applicant filed
aforementioned interim application for withdrawal of compensation
amount. Accordingly, Hon’ble High Court permitted applicant to
withdraw 75% amount as directed by the Tribunal inclusive of 30%
already withdrawn alongwith accrued interest thereon. Hence, by
this application, applicant prayed for disbursement said amount in
his favour.
4. On perusal of report of Accounts Officer, it appears that
Insurance company has deposited an amount of Rs.33,57,061/- with
this Tribunal on 09.03.2016 and the same is invested with State
Bank of Hyderabad, Mandvi Branch on 12.05.2016, then a sum of
Rs.25,000/- received from Hon’ble Registrar of Hon’ble Parent High
Court on 28.04.2016 and same is invested with Union Bank of India,
Home Street Branch on 19.07.2016. Then a sum of Rs.10,07,118/-
has been recalled and paid to applicant on 08.02.2017 and balance
amount is reinvested. As per report of Writ Section, order of Hon’ble
Parent High Court dated 21.06.2024 has been uploaded on the
website of Hon’ble Parent High Court and no any order is uploaded
thereafter.
5. Applicant placed on record certified copy of judgment
and award passed in MACP No.1184/2010. It appears that the
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Tribunal has awarded compensation to the tune of Rs.23,57,000/-
alongwith interest @7.5% per annum from the date of application till
its realization. Accordingly, Insurance company deposited amount
as mentioned in the report of Accounts Officer.
6. On perusal of order of Hon’ble Parent High Court, it can
be gathered that the application filed by the applicant for withdrawal
of compensation amount came to be allowed. The applicant is
permitted to withdraw 75% amount as directed by Tribunal inclusive
of 30% already withdrawn alongwith accrued interest thereon. It
appears that applicant has already withdrawn 30% amount as
directed by Tribunal alongwith accrued interest now as per the order
of Hon’ble Parent High Court, applicant is entitled to withdraw 45%
amount as directed by Tribunal alongwith accrued interest. This
aspect has been admitted by the learned counsel of the applicant.
Hence, present application deserves to be allowed. In the result,
following order :
ORDER
1) Application is hereby allowed.
2) Accounts officer is hereby directed to disburse 75% amount as
directed by Tribunal (inclusive of 30% already withdrawn) alongwith
accrued interest thereon to the applicant, by recalling the same, by
NEFT/RTGS after due identification and verification and remaining
amount be reinvested.
(R.V. Jagtap)
I/c Member, C.R. No.2
Date : 02.08.2024 MACT, MUMBAI
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