Smt. Laila P. Saundade And Ors vs Bharati Axa General Insurance Co. ...
2017 Latest Caselaw 6275 Bom

                                                          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)
                                   ----
 Mr.Tejpal S. Ingale for the Applicant in CAF No.192 of 2017.

 Mr.Rahul Mehta i/b KMC Legal Venture for the Appellant.
                               ----
                       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




                                                                7-1-caf-192-2017

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




                                                               7-1-caf-192-2017

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