Smt. Kajal Babasaheb Jadhav And ... vs Shriram General Insurance Co. Ltd
2021 Latest Caselaw 8553 Bom

Megha                                        [email protected]


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIVIL APPELLATE JURISDICTION

        CIVIL APPLICATION (STAMP) NO.7924 OF 2019 WITH
               CIVIL APPLICATION NO.2200 OF 2019
                                IN
               FIRST APPEAL NO.1159 OF 2018 WITH
                  FIRST APPEAL NO.1159 OF 2018
Smt. Kajal Babasaheb Jadhav and         ...Applicant
Ors.
                      Versus
Shriram General Insurance Co.
Ltd.                                                    ...Respondents
                                  ....
Mr. Kuldeep Nikam, with Mr. Sarwadnya Kadatane for the Applicant.
Mr. Nikhil Mehta i/b. M/s. KMC Legal Venture for the Respondents.


                                        CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED: 28th JUNE, 2021.

P.C.:-

CIVIL APPLICATION (STAMP) NO.7924 OF 2019:-

The Applicants, who are the original claimants have sought

withdrawal of compensation deposited by the Appellant-Insurance

Company as per the judgment and award dated 06/04/2018 in M.A.C.P.

No.192 of 2016.

2. By the impugned judgment and award the Claims Tribunal

has awarded compensation of Rs.24,46,800/- with interest @ 9% p.a.

from the date of the petition till its realisation.

Megha [email protected]

3. The Claims Tribunal has ordered to pay total amount of

Rs.5,46,800/- in favour of the widow and Rs.7,00,000/- each in favour of

the Applicant Nos.2 and 3 being minor. An amount of Rs.2,50,000/-

each was ordered to be paid to Respondent Nos.4 and 5 being parents

of the deceased. The Appellant-Insurance Company has challenged the

impugned judgment mainly on the ground of contributory negligence

and have also challenged computation of compensation payable to the

Applicants.

4. Having considered the grounds raised in the appeal memo as

well as reasons stated in the application, Applicant No.1 being widow of

the deceased is permitted to withdraw an amount of Rs.2,50,000/- and

Applicant No.4 is permitted to withdraw an amount of Rs.1,00,000/-.

Applicant No.5 has expired and Applicant Nos.2 and 3 are minor and

hence, I am not inclined to allow withdrawal of any amount on their

behalf at this stage.

5. Application stands disposed of.

6. Sufce it to say that withdrawal shall be subject to fnal

outcome of the appeal.

Megha [email protected]

CIVIL APPLICATION NO.2200 OF 2019:-

7. Not on board. Taken on board.

8. The Appellant-Insurance Company has fled this application

for deleting the name of Respondent No.5 stating that Respondent

No.5 has expired during the pendency of the appeal. Mr. Mehta,

learned counsel representing Respondent Nos.1 to 4 has no objection.

He states that Respondent No.5 was original claimant No.5 and his legal

representatives are already on record as Respondent Nos.1 to 4.

9. Under the circumstances, application is allowed. Cause title

be amended within a period of four weeks.

FIRST APPEAL NO.1159 OF 2018 :-

10. Appeal be listed for admission on 26/07/2021.

(SMT. ANUJA PRABHUDESSAI, J.)