Smt. Kunda Dattatraya Kamathe And ... vs Bajaj Allianz General Insuranc ...
2017 Latest Caselaw 6218 Bom

Sherla V.



                                                                          caf.2318.2017_13.doc


                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CIVIL APPELLATE JURISDICTION

                                    CIVIL APPLICATION NO.2318 OF 2017
                                                    IN
                                    FIRST APPEAL (ST) NO.29713 OF 2015

            Smt.Kunda Dattatraya Kamathe & Ors.                ... Applicants

            IN THE MATTER OF:

            Bajaj Allianz General Insurance Company Ltd.       ... Appellant
                  Vs.
            Smt.Kunda Dattatraya Kamathe & Ors.                ... Respondents


            Mr.T.J. Kapre i/b J.S. Kapre for Applicants / Original claimants
            Ms.Yogita Deshmukh for the Appellant Insurance Company

                                                   CORAM: MRS.MRIDULA BHATKAR, J.

DATE: AUGUST 16, 2017 P.C.:

1. The original claimants have moved this application for withdrawing

the amount of compensation deposited by the Insurance company. The

Motor Accident Claims Tribunal has awarded an amount of Rs.35,24,481/-

as compensation alongwith interest @ 7.5% p.a.. Today, as per the record

shown by the Registry, an amount of Rs.50,75,314/- is deposited. The

learned Counsel for the applicants/claimants submits that her two sons are

taking education and applicant No.5 is an aged mother and so the family

needs money.

2. Learned Counsel for the insurance company opposes the

application on the ground that the insurance company has good defence.

caf.2318.2017_13.doc

3. In view of the submissions, amount of Rs.5 lakhs each is allowed to

be withdrawn by the applicants on furnishing of usual personal

undertaking before the Registrar, Motor Accident Claims Tribunal, Raigad-

Alibag. The remaining amount shall be invested in a fixed deposit with a

nationalised bank till the disposal of the appeal.

4. Civil Application is disposed of accordingly.

(MRIDULA BHATKAR, J.)