Final Order 1

Order Details: Order on Exh.
Pdf Text: Order Below Exh.1 in Misc Appl. No.393 of 2022
In
Disposed M.A.C.P.No.3363 of 1998
By this application the applicants have prayed
that they be permitted to withdraw the amount of
compensation as per the order Dt.11.3.2022 passed by the
Hon'ble Bombay High Court in First Appeal No.2176 of
2008.
The report of the A.O. shows that the insurer-
The National Ins.Co.Ltd. has deposited cheque of
Rs.10,83,330/- in the name of A.O., MACT, Mumbai on
15.05.2007 and said amount is invested in Central Bank of
India on 17.03.2009. And thereafter the National Ins. Co.
Ltd. has deposited cheque of Rs.1,55,7421/- in the name of
A.O., MACT, Mumbai on 21.1.2009 and invested amount of
Rs.10,83,330/- from Central Bank of India is recalled on
291.2019 which is 11,03,201/-. Then total amount of
Rs.26,60,622/- is invested in Indian Bank, P.M.Road,
Mumbai on 15.07.2009 and thereafter as per M.A.C.T.
M.A. No.6/2010 order Dt. 16.2.2010 amount of
Rs.10,00,000-/ is recalled from the respective bank on
23.2.2010 out of this amount applicant Surekha Shirish
Pore paid Rs.5,00,000/- and Karan Shirish Pore and Usha
Gajanan Pore paid Rs.1,50,000/- each on 25.3.2010,
Rs.2,00,000/- invested in the name of minor applicant
Shantanu Shirish Pore in Bank of India, Mahim Branch on
25.3.2010. While the report of writ section shows that there
is no other order than the order Dt.11.03.2022 passed by
the Hon'ble Bombay High Court in First Appeal No.2176 of
2008.
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As per the order Dt.11.3.2022 passed by the
Hon'ble Bombay High Court in First Appeal No.2176 of
2008, the present applicants have been permitted to
withdraw the amount of compensation deposited before the
Tribunal alongwith interest accrued thereon. Meantime,
applicant No.2-Karan Shirish Pore has attained the age of
majority as his date of birth is 14/10/1985. Similarly,
applicant No.3-Shantanu Shirish Pore has also attained the
age of majority as his date birth is 30.6.1993. The applicant
No.2 & 3 have been produced Aadhar Cards, PAN Cards
and affidavits to that effect. Thus, their mother Surekha
Shirish Pore i.e. applicant No.1 be discharged as next friend
and the invested amount may be directed to pay to them as
per the apportion made by the MACT, Mumbai. Thus, the
applicants are entitled to withdraw the amount as per the
said order. Hence, this application deserves to be allowed.
Hence, I pass the following order.
ORDER
1. The miscellaneous application is allowed.
2. The next friend Surekha Shirish Pore i.e.
applicant No.1 stands discharged from the guardianship of
her sons i.e. applicant No.2-Karan Shirish Pore and
applicant No.3-Shantanu Shiris Pore and they are allowed
to proceed independently in the above said claim
application in their own name.
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3. The Accounts Officer is directed to recall the
said 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
4. On such deposition of the amount, the same be
paid to the applicant No.1 to 4, as per the apportion made
by this Tribunal in MACP No.3363/1998 by the judgment
and award Dt.23.1.2006, by NEFT/RTGS, on submitting
their bank accounts passbooks photocopies duly verified by
their bankers and against proper identification by
obtaining acknowledgment thereof on payment of deficit
court fees, if any.
(S.B.Munde)
Member
Date :- 16.02.2023 MACT, MUMBAI
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