Reliance General Insurance ... vs Mr.Surjit Kumar Bikramjit ...
2021 Latest Caselaw 8487 Bom

P.H. Jayani                                                  04 IA2713.2019.doc

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIVIL APPELLATE JURISDICTION

                     INTERIM APPLICATION NO. 2713 OF 2019
                                       IN
                      FIRST APPEAL (ST.) NO. 14826 OF 2019

Surjit Kaur Bikramjit
Bhinder and ors.                                       .... Applicants

In the matter between :-
Reliance General Insurance
Company Limited                                        .... Appellant
            v/s.
Surjit Kaur Bikramjit
Bhinder and ors.                                       .... Respondents

                                      WITH
                       FIRST APPEAL (ST.) NO. 14826 OF 2019

Reliance General Insurance
Company Limited                                        .... Appellant
       v/s.
Surjit Kaur Bikramjit
Bhinder and ors.                                       .... Respondents

Mrs. Rina Kundu for the Applicants.
Mrs. Kalpana R. Trivedi for the Respondents.

                                   CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 25th JUNE, 2021.

P. C. :-

ORDER IN INTERIM APPLICATION NO.2713 OF 2019 :-

. The Applicants who are the Original Claimants have filed this

Application for withdrawal of compensation deposited by the Appellant

P.H. Jayani 04 IA2713.2019.doc

- Insurance Company pursuant to the judgment dated 24/09/2018 in

Claim Petition No.658/2016. By the impugned judgment and award,

the Claims Tribunal has awarded compensation of Rs.38,44,700/- to

the Applicants/Claimants being the widow, son and parents of the

deceased-Bikramjitsingh who expired in a motor vehicular accident on

07/11/2014. The Applicants have stated that the deceased was the

only earning member and that they were solely dependent on his

income. The Applicant Nos.3 and 4 who are the parents of deceased

are the senior citizens and they have no independent source of income.

2. Considering the reasons stated in the Application and so also

grounds stated in the Appeal memo, the Applicant Nos.1 and 2 are

allowed to withdraw sum of Rs.5,00,000/- each (Rupees Five Lakhs)

and Applicant Nos.3 and 4 are allowed to withdraw sum of

Rs.2,00,000/- each (Rupees Two Lakhs) with proportionate interest

accrued thereon.

3. Interim Application No.2713 of 2019 stands disposed of.

ORDER IN FIRST APPEAL (ST.) NO. 14826 OF 2019 :-

4. Not on board. With consent, taken on board.

P.H. Jayani 04 IA2713.2019.doc

5. Ms. Rina Kundu, learned counsel waives service on behalf of

Respondent Nos.1 to 4. Learned counsel for the Applicants states that

she has no objection for condoning the delay. Issue notice to

Respondent No.5, returnable on 23/07/2021. Private service is

permitted.

(SMT. ANUJA PRABHUDESSAI, J.)