Bombay High Court
Yasmin Salim Khan (Died) Thr Lrs. ... vs The Bajaj Allianz General ... on 29 June, 2022
Bench: S. G. Dige
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
973 CIVIL APPLICATION NO.9449 OF 2022 IN
FIRST APPEAL NO.584 OF 2022
YASMIN SALIM KHAN (DIED) THROUGH LRS. SALIM
RASHID KHAN AND OTHERS
VERSUS
THE BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD.,
...
Mr.R.S. Kasar, advocate for applicants.
Mr.S.G. Chapalgaonkar, advocate for respondent
no.1.
...
CORAM : S.G. DIGE, J.
DATE : 29th JUNE, 2022
PER COURT :-
. Heard learned counsel for the
applicants and respondent no.1.
2. The learned counsel for the applicants
submits that as per the judgment and award passed
by the learned Member, Motor Accident Claims
Tribunal in Motor Accident Claims Petition
No.533/2017, the respondent no.1 has deposited
the entire compensation amount of Rs.10,51,560/-
before this Court. The applicants are the heirs
and legal representatives of the deceased.
Applicant no.1 has lost his wife. Applicant no.1
is facing paucity of funds for maintaining
himself as well as applicant nos.2 and 3. The
applicants are facing paucity of funds as they
have spent huge amount ON the medical treatment
of deceased Yasmin by borrowing the amount from
his relatives. They need the amount for their day
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to day expenses. The applicants have to meet out
their family needs. The applicants are in need of
money for medical treatment also. There is no
another earning member in the family of
applicants, therefore, they requires substantial
amount for day to day necessities, hence
requested to permit the applicants to withdraw
the deposited amount by respondent no.1.
3. The learned counsel for respondent no.1
submits that initially the claim was filed by
deceased Yasmin for injury suffered to her. The
claim was filed in the year 2017 and Yasmin died
in the year 2020. The learned trial Court has
awarded the compensation to the applicants
considering the death of Yasmin. The learned
trial Court has wrongly concluded that death of
Yasmin was occurred due to said accident, when it
was happened after three years of the accident.
Hence the conclusion of the trial Court is wrong
and against the principles of law, which is
impugned by respondent no.1 in the appeal. If the
applicants are allowed to withdraw the amount and
appellant succeeds in the appeal, it may not be
possible for respondent no.1 to recover the
amount from the applicants. The learned counsel
further submits that the injury claim was filed
on the basis of 75% disability. If the injury
claim is considered for granting compensation
then also the applicants cannot be entitled to
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withdraw the compensation amount for injuries
suffered to Yasmin. At the most, the applicants
are entitled for loss of estate. Hence requested
to dismiss the application.
4. Respondent no.1 has impugned the
judgment and award passed by the learned Motor
Accident Claims Tribunal. The applicants are the
heirs and legal representative of the deceased.
They are facing financial crises. The applicant
no.1 has spent huge amount on the medical
expenses of deceased Yasmin. Issue raised by the
learned counsel for respondent no.1 can be
considered at the time of deciding the appeal.
Hence I pass the following order :-
ORDER
(i) The civil application is allowed.
(ii) The applicants are permitted to withdraw 25%
amount on giving usual undertaking before the
learned Registrar (Judicial).
(iii) The applicants are permitted to withdraw
further 25% amount after furnishing the solvent
surety.
(iv) The civil application is disposed of.
(S.G.DIGE, J.)
SGA
