Bombay High Court
I.C.I.C.I. Lombard General ... vs Smt. Varsha Wd/O Suresh Nandurkar ... on 23 November, 2021
Bench: V. G. Joshi
1 1 cao735.2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CIVIL APPLICATION NO. 735 OF 2021
IN
CIVIL APPLICATION (CAF) NO. 4203 OF 2019
IN
FIRST APPEAL NO. 70 OF 2013(D)
ICICI Lombard General Insurance Co. Ltd., thr. Branch Manager
..vs..
Varsha wd/o Suresh Nandurkar and ors.
----------------------------------------------------------------------------------------------
Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
--------------------------------------------------------------------------------------
Shri P.R. Agrawal, Advocate for applicants / respondent nos.
1 to 3.
CORAM : VINAY JOSHI, J.
DATED : 23/11/2021
Heard.
2. Initially the claim was filed by the widow,
two minor sons and father of the deceased on account
of death of one Suresh Nandurkar in vehicular
accident. The claim was allowed by the Tribunal for
specified sum along with interest. The Tribunal has
directed to invest the amount of Rs.3 lakhs each in the
name of minor sons (i.e. original petitioner nos. 2 and
3) till they attains majority. So far as, rest of the
amount is concern, the Tribunal has directed that it
shall be disbursed equally in between widow i.e.
applicant/respondent no.1 (original petitioner no.1)
and father of the deceased i.e. original petitiner no.4.
The said order was challenged by the Insurance
Company in First Appeal, however, it was dismissed
2 1 cao735.2021
by this Court vide its judgment and order dated
10.01.2019. As the amount was not disbursed, the
original petitioners have sought clarification from this
Court, which is as per order dated 28.11.2019.
3. By the present application, it is informed that
respondent no.4 (father of the deceased) died on
15.03.2015. Till date office of this Court has disbursed
the amount coming to the shares of two minors as
they attained majority. It is informed that out of
remaining amount, 50% amount has been disbursed
to applicant/respondent no.1-widow, by this Court.
Now, rest of the amount of the share of respondent
no.4 (father of the deceased) is lying with this Court
since the respondent no.4 is dead. By this application,
the applicant nos. 1 to 3 (original petitioner nos. 1 to
3) have prayed for disbursement of said amount in
their favour. The applicants have given an
undertaking that in case anyother legal heirs of
deceased, resist the claim, in that case they would
deposit the amount, if ordered by this Court.
Basically, the amount is of compensation on account
of death of husband of applicant no.1 Smt. Varsha
Nandurkar, who is a widow. The very legislative
intention behind granting compensation is to provide
means of survival to the widow and children of the
deceased.
4. Having regard to the object of legislation, I
find no difficulty in disbursing the entire amount of
3 1 cao735.2021
the share of deceased/original petitioner no.4 -
Mahadev Nandurkar to applicant nos.1 to
3/respondents, who are in true sens, the sufferer.
5. In view of that, Registry is directed to
disburse the remaining amount of the share of original
petitioner no.4-Mahadev Nandurkar, lying with the
office, in equal proportion, to applicants/respondent
nos. 1 to 3 along with accrued interest, if any.
JUDGE
Trupti
