Bombay High Court
Future General India Insurance ... vs Kum. Amit Anil Khatavkar Thr.His ... on 27 April, 2022
Bench: Bharati Dangre
1/3 31 FA-67-22.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO.67 OF 2022
WITH
INTERIM APPLICATION NO.1993 OF 2022
WITH
INTERIM APPLICATION NO.486 OF 2022
Future General India Insurance Co. .. Appellant
Ltd. through it's authorised
representative
Versus
Amit Anil Khatavkar (minor) .. Respondents
through his next friend Madhuri A.
Khatavkar & Anr.
...
Mr.Rajesh Kanojia with Ms.Nikita Singh and Ms.Sandhya
Singh i/b Res Juris for the Appellant.
Mr.Sangramsinh Yadav for the Respondents and for the
Applicant in IA/1993/22.
...
CORAM: BHARATI DANGRE, J.
DATED : 27th APRIL, 2022
P.C:-
INTERIM APPLICATION NO.1993 OF 2022
1. By the present application, the applicant seeks
withdrawal of 50% of the amount i.e. Rs.40,21,484/-, which
has been deposited by the Insurance Company, subject to
which there has been a stay to the effect and operation to the
impugned judgment.
M.M.Salgaonkar
2/3 31 FA-67-22.doc
2. The applicant is a 21 years' old boy, who met with an
accident on 11/10/2015, while he was accompanying his
friends in a Fiat Linea Car and on account of the high speed
driving, the driver lost control over the car and dashed against
the railing of the bridge, over the Venna River. The impact was
so grave that the railing broke and the car fell in the river. The
applicant sustained serious injuries in form of head injury,
fracture on chest and multiple injuries all over the body. He
was required to be administered treatment for considerable
long period of time and claimed to have incurred huge
expenses. A claim of Rs.50,00,000/- came to be instituted,
which was considered vide the impugned Judgment and it was
awarded to the extent of Rs.61,81,542/-. The entire amount of
compensation is deposited in the Court and the applicant seeks
withdrawal of 50% of the amount.
3. On perusal of the application it can be seen that, here is a
young boy, whose family was required to bear huge medical
expenses, coupled with ancillary expenses like travelling,
physiotherapy charges, massage charges, nourishing food and,
accordingly, an amount of Rs.29,89,542/- came to be granted,
under the said heads by the impugned Judgment.
4. As the family was required to incur a whopping sum on
the treatment, one can imagine the plight of the family with a
boy, who has sustained 100% disability.
In the wake of the aforesaid, it would be appropriate to
permit the applicant to withdraw 50% of the amount of
M.M.Salgaonkar
3/3 31 FA-67-22.doc
compensation, as the amount is needed for his treatment and
his condition as on today, do not permit him to walk
independently and he is unable to put his right hand to use and
his mental capability has also slowed down, during this period.
5. Since the whole purpose to award compensation on
account of an accident arising out of the motor vehicle is to
ensure that the misery, pain and agony of the victim or his
family is minimised, though it may not offer a substitution for
it, but surely will offer some solace. In the wake of the huge
expenses incurred and the present condition of the applicant
coupled with the fnancial distress, which the family fnd itself
into, I deem it expedient to allow the application. Accordingly,
the application is allowed in terms of prayer clause (a).
The Tribunal shall permit the withdrawal of the amount,
subject to an undertaking fled by the applicant to the effect
that in case the Insurance Company succeeds in the Appeal, he
shall bring back the amount alongwith the interest that will be
determined at the time of adjudication of the Appeal.
( SMT. BHARATI DANGRE, J.)
M.M.Salgaonkar
