7-1-caf-192-2017
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.192 OF 2017
IN
FIRST APPEAL (ST) NO.31587 OF 2016
Smt.Laila P. Saundade & Ors. ..Applicants
(Org.Claimants)
IN THE MATTER BETWEEN :
Bharati Axa General Insurance
Company Ltd. ..Appellant
V/s.
Smt.Laila P. Saundade & Ors. ..Respondent
(No.1 to 3
Org.Claimants)
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Mr.Tejpal S. Ingale for the Applicant in CAF No.192 of 2017.
Mr.Rahul Mehta i/b KMC Legal Venture for the Appellant.
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CORAM : MRS.MRIDULA BHATKAR, J.
DATE : 16th AUGUST 2017 P.C.
1. The Chairman M.A.C.T., Sangli has awarded the compensation of Rs.27,34,580/- with interest thereon. The Insurance Company, by way of compliance of the ad-interim order of this Court, has deposited an amount of Rs.34,17,010/- in December 2016.
N.S. Kamble page 1 of 3
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2. The learned counsel for the applicants/original claimants submitted that the Court be pleased to allow the applicants to withdraw an amount of Rs.25 lakhs from the amount of Rs.34,17,010/-. He submitted that the family wants to construct the house for residence and therefore, there is a need of money.
3. Perused the judgment and award passed by the Tribunal. The Tribunal has directed that an amount of Rs.15 lakhs be kept in FDR in the name of widow and amount of Rs.5 lakhs each to be kept in the name of two children i.e. claimant Nos.2 and 3 in the Nationalized Bank. The Tribunal has allowed to withdraw remaining amount of Rs.1,84,580/- plus interest, to be paid to the claimant No.1.
4. In view of this judgment and award passed by the Chairman M.A.C.T., Sangli an amount of Rs.15,00,000/- is allowed to be withdrawn with following bifurcation:-
(a) Claimant No.1-Respondent No.1/widow is allowed to withdraw Rs.10 lakhs.
(b) Claimant Nos.2 and 3-Respondent No.2 and 3 are allowed to withdraw Rs.2.5 lakhs each.
N.S. Kamble page 2 of 3
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And the remaining amount to be deposited as follows :-
(i) That is, Rs.15 lakhs be deposited in the name of widow/defendant No.1 FDR in the Nationalized Bank.
(ii) And whatever remaining amount is to be deposited 50% each in the name of claimant's- Respondent Nos.2 and 3 equally in the FD in the Nationalized Bank.
(MRIDULA BHATKAR, J.)
N.S. Kamble page 3 of 3
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