TABASSUM HUSAIN Vs. M.V. SHUBHAPRADA

JUDGEMENT

(1.) By this Interim Application, the Applicant/Original Plaintiff has sought permission to withdraw undisputed amount payable as compensation being Rs.7,68,625.00 alongwith the interest accruing on the said deposit till date.

(2.) The learned Counsel appearing for the Applicant has referred to order dtd. 18/11/2021, wherein this Court had considered withdrawal of the excess security deposited in the Court pursuant to order passed on 13/10/2021. This Court had made reference to the Chart showing entitlement of each of the deceased crew members as well as payments made and balance outstanding which had been tendered by the Defendant No.1 - Vessel and Defendant No.2 - Owner to the Court. The said chart is reproduced as under : <IMG>JUDGEMENT_838_LAWS(BOM)6_2023_1.jpg</IMG>

(3.) The learned Counsel for the Applicant has referred to the submissions made with regard to the deceased crew member - Saddam Hussain, the husband of the present Applicant, which have been recorded in the said order dtd. 1/11/2021. The Applicant had submitted that her husband was entitled to be compensated with the sum of Rs.35.00 Lakhs as he was employed as Electrical Officer. This Court had considered the rival submission of the Defendants that Saddam Hussain was employed as Electrician. This Court had considered that this was a serious disputed question of fact and had not allowed the present Applicant to withdraw the excess amount of Rs.13.00 Lakh. In so far as the undisputed amount, liberty had been granted to the Applicant for withdrawal of the said amount.