Final Order 1

Order Details: Order on Exh.
Pdf Text: MHMT010017972026
ORDER BELOW EXH.1
IN MISC. APPLICATION NO.474 of 2026
In MACP No.871 OF 2011
1. Read the application moved for allowing to withdraw
amount deposited by the insurer as per Order of Hon’ble
High Court dated 09/06/2026.
2. The copy of the Judgment passed in MACP
No.871/2011 reveals that the application is allowed and
compensation amount of Rs.33,63,000/- was granted in
favor of the applicants.
3. The copy of Judgment of the Hon’ble High Court in
First Appeal No.35833 of 2016 dated 09/06/2026 along
with Civil Appeals (ST) No.2560 and 2559 of 2017
transpires that appeal preferred by the insurer are disposed
off with direction if the decreetal amount is already
deposited by the insurance company then the Registry of
the Tribunal will refund Rs.40,000/- along with interest to
the insurance company.
4. On Application report of Accounts Officer and Writ
Section have been called for. As per report of Account
Officer of the Court, part payment was paid to the applicant
and the New India Assurance Co. Ltd. has deposited
Cheque of Rs.13,66,175/- in the name of A.O., MACT,
Mumbai on 28/07/2017 and the said amount is invested in
the name of A.O. MCACT, Mumbai in the Bank of
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Maharashtra, Boribunder Branch, Mumbai on 01/10/2018.
5. As per the report of Writ Section, High Court order
dtd.09/06/2026 in F. A. No.35833 of 2016 is uploaded on
the website of Hon’ble Bombay High Court. After that there
is no any order received or uploaded from Hon’ble High
Court in this matter till today. Therefore, considering the
order of Hon’ble High Court, there is no any hurdle in
releasing amount in favor of the applicants. Hence, I pass
the following order :-
ORDER
1. Application is allowed.
2. Accounts officer do call back and pay amount of
amount of Rs.13,66,175/- (excluding Rs.40,000/- along
with accrued interest @ 9% p.a. from the filing of the claim
application till date of depositing the amount in MACT
Mumbai i.e. 28/07/2017 and thereafter with the prevailing
interest till date, which is payable to the insurer) along with
accrued interest thereon, if any, to the applicants equally
through NEFT / RTGS on furnishing their bank account
details, on due identification, as per procedure.
3. Application stands disposed off.
(K. K. Shah)
Member, C.R.No.8
Date : 21/08/2026 MACT, Mumbai
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