Shambhuraj Dhananjay Jadhav ... vs Shriram General Insurance ...
2021 Latest Caselaw 15581 Bom

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     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION
            INTERIM APPLICATION ST NO.9114 OF 2021
                              IN
                FIRST APPEAL ST NO. 31380 of 2016

Shambhuraj Dhananjay Jadhav(Minor)
thru Guardian Mother Applicant
no.4 and ors                                   .. Applicants
      Versus
Shriram General Insurance
Co.Ltd                                         .. Respondent

                                         ...

Mr. Nikhil Mehta i/b KMC Legal Ventures for the applicant.
Mr. Satish Raut for the respondent.

                   CORAM: BHARATI DANGRE, J.

DATED : 28th OCTOBER 2021.

P.C:-

1 By the present Application, the claimants are seeking withdrawal of the amount under 'No fault liability' as well as amount of compensation which they have been held entitled to under the judgment and order dated 5th May 2016 passed by the MACT, Malshires in MACP No.28 of 2014. The claimants are the heirs of the deceased Dhananjay who succumbed to an accident and in the Claim Petition, under the impugned judgment, they are held entitled for compensation.

Tilak





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The Insurance Company has deposited an amount of Rs.23,83,250/- on 23rd November 2018 plus an amount of Rs. 63,027/- on 23rd November 2018. The amount sought to be withdrawn on the ground of the need expressed in the application on account of the passing away of the Head of the family, leaving the family in a destitute condition. The claimant no.4 is the wife of the deceased, whereas claimant nos.1 to 3 are her children who are in dire need of money for continuing their educational pursuit and in absence of any source of earning to the claimant no.4, the amount is sought to be withdrawn.

2 Learned counsel for the applicant state that the First Appeal has been filed challenging the quantum of compensation, which has been awarded under the impugned judgment and by inviting my attention to the judgment wherein the Tribunal has considered the income accruing to the deceased to be Rs.9,500/- per month as income from milk business and selling of vegetables, in addition to the salary of Rs.5,500/- per month from the employer where he was employed, the Appeal question the earnings of the deceased and the calculation based on such earning.

3 In any case, this challenge shall not preclude the present applicants from withdrawing an amount of 50% which has been deposited in the Tribunal in view of the exigencies set out in the Application.

Tilak





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3                 On hearing the counsel for the applicant and

respondent, I deem it appropriate to partly allow the application by permitting the applicants to withdraw an amount of 50% which has been deposited in the MACT along with the accruing interest thereon till 30th September 2021. The withdrawal shall be subject to undertaking being submitted by the claimants to the effect that they shall refund the amount along with interest that would be imposed by the Court provided this Court effect any variation in the amount of compensation for which they have been held entitled to.

Interim Application is partly allowed in the aforesaid terms.

SMT. BHARATI DANGRE, J

Tilak