Laxmi Pravin Choudhary And Ors vs Reliance General Insurance ...
2021 Latest Caselaw 15757 Bom

                                                  7-IA3269-21INFA368-21-WITHDRWAL.DOC

                                                                                    Santosh
                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION


                                    INTERIM APPLICATION NO. 3269 OF 2021
                                                     IN
                                        FIRST APPEAL NO. 368 OF 2021

                      Laxmi Pravin Choudhary & ors.                     ...Applicants
                      In the matter between
                      Reliance General Insurance Co. Ltd.                  ...Appellant
SANTOSH                                    Versus
SUBHASH
KULKARNI              Laxmi Pravin Choudhary & ors.                   ...Respondents
Digitally signed by
SANTOSH SUBHASH
KULKARNI
Date: 2021.11.16
                      Ms. Varsha Chavan, for the Applicants.
                      Mr. Pandit Kasar, for the Respondent/Appellant.
10:36:43 +0530




                                                CORAM:      N. J. JAMADAR, J.

                                                DATED :     15th NOVEMBER, 2021
                      PC:-

1. Heard Ms. Chavan, the learned Counsel for the applicants

and Mr. Kasar, the learned Counsel for the

respondent/appellant - insurer.

2. This application is preferred for withdrawal of the amount

deposited by the appellant - insurer in terms of the impugned

judgment and award in Application No.1335 of 2015, dated 11 th

January, 2021, passed by the learned Member, MACT, Mumbai.

3. The learned Counsel for the applicants submits that

applicant no.2 - Ms. Tanushree, who was then a minor, has

attained majority.

7-IA3269-21INFA368-21-WITHDRWAL.DOC

4. The learned Counsel for the appellant - insurer resisted

the prayer for withdrawal of the amount of compensation. It

was submitted that in the event the appeal is allowed, the

appellant - insurer will be left in lurch if the applicants are

permitted to withdraw the entire amount of compensation. By

the impugned award, the learned Member has ordered payment

of compensation to the tune of Rs.60,72,200/-, inclusive of NFL

alongwith the interest at the rate of 8% p.a. from the date of the

application.

5. The learned Member further directed that out of the said

amount, an amount of Rs.24,00,000/- be paid to claimant no.1

Smt. Laxmi, who is the wife of the deceased and the mother of

claimant no.2 - Ms. Tanushree and claimant no.3 - Ms.

Vanshika, and Rs.13,00,000/- be paid to claimant no.4 - Smt

Shobha, the mother of the deceased. The learned Member

further directed that the balance amount be invested in the

name of claimant no.2 - Ms. Tanushree and claimant no.3 - Ms.

Vanshika and claimant no.1 - Smt. Laxmi in the ratio

of 35%, 35%, 30%, respectively.

6. The learned Member has passed appropriate orders to

protect the interest of the minor claimants and ordered to

release a portion of the compensation to facilitate the applicants

meet the necessities of life.

7-IA3269-21INFA368-21-WITHDRWAL.DOC

7. The fact that the applicants require the amount to meet

the necessities of life, can hardly be contested. In the

circumstances, it would be appropriate to allow the applicants

to withdraw a portion of the amount of compensation deposited

by the appellant - insurer, subject to furnishing an

undertaking, before the Tribunal that, in the event the appeal is

allowed the applicants will bring back the amount alongwith the

interest at such rate as may be decided by the Court.

8. Hence, the following order:

:Order:

(i) The application stands allowed.

(ii) Out of the amount deposited by the appellant -

insurer, applicant no.1 - Smt. Laxmi be permitted to

withdraw an amount of Rs.24,00,000/- alongwith

the interest accrued thereon and applicant no.4 -

Smt. Shobha be permitted to withdraw an amount of

Rs.13,00,000/- alongwith the interest accrued

thereon in terms of the impugned award and

applicant no.2 - Ms. Tanushree, who is stated to

have attained majority, be permitted to withdraw

50% of the amount of compensation falling to her

share alongwith the interest accrued thereon, in

terms of paragraph 5(a) of the impugned award,

7-IA3269-21INFA368-21-WITHDRWAL.DOC

subject to the applicants furnishing an undertaking,

before the Tribunal that, in the event the appeal is

allowed the applicants will bring back the amount

alongwith interest at such rate as may be decided by

the Court.

(iii) Liberty to the applicants to move for further

withdrawal, in the event of necessity.

(iv) The application stands disposed of.

[N. J. JAMADAR, J.]