Bombay High Court
The New India Assurance Co Ltd vs Smt. Indubai Vikram Dherange And ... on 21 June, 2021
Bench: Anuja Prabhudessai
Megha 15_IA_405_21 in fa_447_20212.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO.405 OF 2021
IN
FIRST APPEAL NO.447 OF 2012
WITH
FIRST APPEAL NO.447 OF 2012
Indubai Vikram Dherange & Ors. ...Applicants
Versus
The New India Assurance Co. Ltd. ...Respondent
....
Mr. Dilip Bodke for the Applicants.
Mr. S.M. Dange for the Respondent.
CORAM : SMT. ANUJA PRABHUDESSAI, J.
DATED: 21st JUNE, 2021.
P.C.:-
The Applicants, who are original claimants have fled this
application for withdrawal of balance amount of compensation
deposited by the Appellant-Insurance Company as per the judgment
dated 11/10/2011 in Claim Petition No.519 of 2009.
2. Applicants/original claimants being the widow and children
of deceased-Vikram Dherange had fled a petition under Section 166 of
the Motor Vehicle Act, 1888 alleging that said Vikram Dherange expired
as a result of Motor Vehicular Accident on 08/03/2009. Said vehicle was
Megha 15_IA_405_21 in fa_447_20212.doc
insured with the Appellant-Insurance Company. After considering the
evidence on record the Tribunal has awarded total compensation of
Rs.15,74,968/- with interest @ 9% p.a. from the date of the petition till
realisation. The Appellant-Insurance Company has deposited the entire
amount, in view of which the execution of the impugned judgment and
award has been stayed by this Court. By order dated 19/07/2013 this
Court had allowed the Applicants/original claimants to withdraw the
total compensation of Rs.9,00,000/-.
3. The Applicants have fled this application claiming that the
Applicant No.1 is about 65 years of age and sufering from several
ailments and she requires money for medical treatment and other
household expenditures.
4. Learned counsel for the Appellant-Insurance Company
objects for withdrawal on the ground that substantial amount has been
withdrawn. He submits that the accident was caused solely due to
negligence of the deceased. He claims that the Tribunal has erred in
attributing negligence to the driver of the vehicle and also not applying
multiplier of 9 when the deceased has only two months' service left.
5. I have perused the records and considered the submissions
Megha 15_IA_405_21 in fa_447_20212.doc
advanced by the learned counsel for the respective parties.
6. The records prima facie indicate that the driver of the
ofending vehicle was charge sheeted for having driven the vehicle in a
rash and negligent manner. The Appellant-Insurance Company has not
examined the driver. Hence, prima facie there does not appear to be
any error in the fndings recorded by the Tribunal. The multiplier
applicable is also in accordance with the dictum in Sarla Verma and
Ors. Vs. Delhi Transport Corporation and Anr. (2009) 6 SCC 121 and
National Insurance Co. Ltd. v/s. Pranay Sethi, 2017 16 SCC 680.
Considering the fact that Applicant No.1/Original Claimant No.1, who is
the widow of the deceased is a senior citizen of advanced age and is
sufering from several medical ailments, further amount of
Rs.4,00,000/- is allowed to be withdrawn with proportionate interest
accrued thereon subject to an undertaking that the Applicant No.1 shall
refund the said amount with interest in the event the Appellant
succeeds in the appeal.
7. The application stands disposed of.
8. Considering the narrow controversy involved in the appeal,
parties are put to notice that an endeavour will be made to dispose of
Megha 15_IA_405_21 in fa_447_20212.doc
the appeal and cross objection fnally on the next date of hearing.
9. Learned counsel for the Appellant-Insurance Company states
that statutory amount of Rs.25,000/- was invested in FD only for a
period of one year. In the event, the FD is not renewed, same shall be
renewed from time to time till the disposal of the appeal.
(SMT. ANUJA PRABHUDESSAI, J.)
