Sunil Vithal Bankar And Ors vs The Div. Manager United India ...
2021 Latest Caselaw 1290 Bom

      This Order is modified/corrected by Speaking to Minutes Order dated 03/02/2021




                                                  (1)                               ca7241.20

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         BENCH AT AURANGABAD

          924 CIVIL APPLICATION NO.7241 OF 2020
IN FAST/33773/2019 WITH CA/3616/2020 IN FAST/33773/2019
               SUNIL VITHAL BANKAR AND ORS
                          VERSUS
THE DIV. MANAGER UNITED INDIA INSURANCE CO. LTD. AND ORS

Mr.S.W. Jawale, Advocate for the applicants.
Mr.S.S. Dargad h/f. Mr. S.G. Chapalgaonkar, Advocate for
respondent No.1.
Mr.A.S. Shelke, Advocate for respondent No.2.
Mr.M.M. Ambhore, Advocate for respondent No.6.

                                         CORAM :         V.L.ACHLIYA,J.
                                         DATED :         19.01.2021
P.C. :-

01.             The applicant/s (original claimant Nos.2,3 and
5) have preferred this application seeking withdrawal of
amount.


02.             Heard         learned         counsel        for       the        applicants-
claimants and learned counsel representing the appellant
- insurance company.


03.             In     brief,          it    is     contention         of      the       learned
counsel        for       the         appellant/insurance            company          that        the
appellants           have       good        case    to    succeed       in      appeal.         The
charge-sheet             was         filed    against       drivers          of      both        the
vehicles          based         upon        investigation          conducted            in       the
matter.           Both the drivers were found to be rash and



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       This Order is modified/corrected by Speaking to Minutes Order dated 03/02/2021




                                              (2)                                   ca7241.20

negligent in driving the vehicles.                            However, the Tribunal
has fastened entire liability against the driver, owner
of    the      vehicle          insured      with       the     appellant.                 It     is
submitted that the liability to pay compensation ought to
have been apportioned in equal proportion amongst the
owners, drivers and insurer of both the vehicles.


04.             On     the      other     hand,       learned         counsel          for       the
applicants/claimants                 supported          the      judgment          and       order
passed by the Tribunal and submitted that the appeal
filed is devoid of merit.                            It is submitted that the
deceased was travelling in tempo.                                 The claimants have
choice to recover the amount from either of the vehicle.
It is further submitted that during pendency of claim
petition, original claimant No.1 has expired.                                      Subsequent
to decision in the case, claimant No.3 also expired.
Applicant Nos.1 to 3 are alone entitled to receive the
amount deposited.


05.             On due consideration of submissions advanced and
challenge raised in the appeal, I am of the view that
order in following terms would meet the ends of justice.


                                         O R D E R

i) The applicant Nos.1 to 3 i.e. original claimant Nos.2,3 and 5 are permitted to withdraw

This Order is modified/corrected by Speaking to Minutes Order dated 03/02/2021

(3) ca7241.20

an amount to the extent of Rs.6,00,000/- (Rupees Six Lakhs). The amount be paid to them in equal proportion by transferring the amount in their respective savings bank account on furnishing particulars of their respective bank account.

ii) After payment of Rs.6 lakhs, balance amount be invested in Fixed Deposit in any nationalized bank initially for a period of two years with standing instructions to renew the same till disposal of appeal.

iii) The withdrawal/payment of amount to the applicants shall be subject to final outcome of the appeal. In-case the award is set aside or modified, the applicants shall re-deposit the amount within eight weeks from the date of passing of such order.

6. The civil application is disposed of in above terms.

[V.L.ACHLIYA,J.] snk/2021/JAN21/ca7241.20