Ratna Vishwas Baviskar And Ors vs Cholamandalam Ms General ...
2022 Latest Caselaw 7106 Bom

                                                                                      7 -ia-16759-22.doc


                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION

                                      INTERIM APPLICATION NO. 16759 OF 2022
                                                       IN
                                        FIRST APPEAL (ST) NO. 16497 OF 2021
                                                      WITH
                                        FIRST APPEAL (ST) NO. 16497 OF 2021

                        Ratna Vishwas Baviskar & Ors.                              ..Applicants

                                      v/s.

                        Cholamandalam MS General Insurance
                        Company Ltd.                                               ..Respondents

                        Mr. Yogendra Pendse a/w. Shraddha Chavan for the Applicant.
                        Ms. Gargi Warunjikar i/b. Nitesh Bhutekar for the Respondent-Appellant

                                                    CORAM : ANUJA PRABHUDESSAI, J.

DATED : 25th JULY, 2022.

P.C.

1. By this application, the Applicant has sought withdrawal of the

compensation deposited by the Appellant Insurance Company.

2. By Order dated 6.4.2022, this Court had stayed execution and

implementation of the impugned judgment subject to deposit of the

entire amount along with interest till 31.3.2022.

3. Learned Counsel for the Respondent- Appellant states that in

compliance of the stay order, entire compensation along with interest till

31.03.2022 has been deposited. The said statement is disputed by the

learned Counsel for the Applicant-Original Claimant. He states that the

entire compensation with interest component has not been deposited. Digitally signed by PRASANNA P PRASANNA P SALGAONKAR SALGAONKAR Date:

2022.07.27 15:06:52 +0530

P P SALGAONKAR 1 of 2 7 -ia-16759-22.doc

Appellant to furnish the calculation chart on or before the next date and

deposit the deficit amount, if any, within four weeks.

4. Applicantt-Claimant being the widow, children and aged parents

of the deceased have been awarded compensation of Rs.65 lakhs with

interest. A perusal of the impugned judgment reveals that the deceased

who was 37 years of age, was in permanent employment of police

department, and was earning Rs.32,122/- per month. Considering the

age of the deceased the Tribunal has added 50% towards future

prospects, and upon applying multiplier of 15 and deducting 1/4th

towards personal expenses assessed loss of dependency at

Rs.43,36,380/-. The Tribunal has awarded total compensation of

Rs.65,89,570/-.

5. Considering the reasons stated in the application and the grounds

raised in the appeal memo, Applicants are permitted to withdraw 50% of

the compensation subject to an undertaking that the amount will be

deposited with interest, in the event the appellant succeeds in the appeal.

6. Civil application stands disposed of.

7. At the request of learned Counsel for the respective parties,

Appeal is referred to Lok Adalat, scheduled to be held on 13.08.2022.

                                                        (ANUJA PRABHUDESSAI, J.)




P P SALGAONKAR                                                                            2 of 2