National Insurance Co.Ltd. ... vs Deorao Kisan Yengal And 2 Others
2021 Latest Caselaw 6653 Bom

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              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          NAGPUR BENCH : NAGPUR
                     CIVIL APPLICATION NO.862 OF 2021
                                    IN
                  FIRST APPEAL NO.508 OF 2003 (DECIDED)
                                National Insurance Company Ltd.
                                               VS.
                               Deorao S/o Kisan Yengal and others
Office     Notes,   Office                        Court's or Judge's orders
Memoranda of Coram,
Appearances,       court's
orders or directions and
Registrar's orders
                             Shri D.N. Kukday, Advocate for the appellant.
                             Shri C.A. Babrekar, Advocate for the respondent No.1(A).




                                         CORAM : S.M. MODAK, J.
                                         DATE : 23.04.2021.



                                        Heard learned Advocate for both the parties.

                         2.             The appeal is already disposed of as per the
                         judgment       dated    3rd    January,       2019.    There       is   no
                         apportionment made by the tribunal as well as by this
                         Court. The original claimants Deorao and Meerabai are
                         the husband and wife             and they are the parents of
                         deceased Maroti.

                         3.             Said Deorao has expired and is survived by son
                         respondent        No.1-A      Dilip     and      married       daughter
                         respondent       No.1-B       Manula.     Said       Manula      is     not
                         cooperating for withdrawing the amount. The Insurance
                         Company has deposited Rs.2,10,304/- + Rs.25,000/-



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                      towards mandatory deposits.

                      4.             It is told that respondent No.2- Meerabai is
                      also no more. I have seen the appeal memo. It is true
                      that her name is deleted as per the order dated 14 th
                      October, 2013. In the judgment also, she is shown as
                      deleted. In view of that only respondent No.1-A Dilip and
                      respondent No.1-B Manula             are entitled to claim for
                      compensation.         There     is       no    consensus         about
                      apportionment. They are also not coming with any special
                      arrangements.

                      5.             In view of that both are entitled to receive 50%
                      compensation amount each. Though respondent No.1-B
                      Manula is not coming forward, she can be paid 50% also.
                      Hence the following order:-


                                                ORDER

1. Nazar is directed to transfer 50% of amount of Rs.2,10,304/- + Rs.25,000/- alongwith accrued interest in the bank account of respondent No.1-A Dilip on furnishing bank details and on furnishing personal identification.

2. Nazar is further directed to transfer remaining 50% amount alongwith accrued interest in the bank account of respondent

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No.1-B Manula on furnishing bank details and on furnishing personal identification. When she will appear.

3. Nazar to process it as early as possible.

4. Civil Application is disposed of.

JUDGE

Manisha