National Insurance Co. Ltd. ... vs Mrs. Paru Dhananjay Pawar And Ors
2022 Latest Caselaw 4726 Bom

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                                                                  10- FAST 28781 of 2014

                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                    CIVIL APPELLATE JURISDICTION

VAISHALI                         FIRST APPEAL (St) No. 28781 of 2014
ANIL
TIKAM
                   National Insurance Co. Ltd.
Digitally signed
by VAISHALI        Pune                                       ...Appellant
ANIL TIKAM
Date:                   Vs.
2022.05.06
16:33:14 +0530     Smt. Paru Dhananjay Pawar
                   and Anr.                                   ...Respondents
                                                  ****

                   Ms. Harshada M. Rane for Appellant
                   Mr. Rajesh A. More for Respondent Nos. 1 to 3

                                            Coram : Sandeep K. Shinde, J.

Dated: 4th MAY, 2022.

P.C. :

1. Pending Appeal, Respondent No.4 passed away. His

estate/share is represented by Respondent Nos. 1,2 and 3. As

such, Appeal cause title, stands amended.

2. Pending First Appeal, the parties thereto, have settled the

claim and recorded settlement terms on 4 th May, 2020, which are

taken on record and marked 'X-1' for identification. Respondents-

Claimants are present. They admit the contents and their

signatures thereon. Authorized Representative of the Appellant,

Company is also present.

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                                                10- FAST 28781 of 2014

3.      Herein Respondent      No.2, Kumari Gayatri Dhananjay

Pawar is minor.       The Claim Tribunal in its' Judgment and

Award, directed to deposit Rs.4,00,000/- in her name with

interest and proportionate costs till she attains her age of

majority. Kumari Gayatri is, minor, even today. In that view of

the mater, Rs.4,00,000/- be invested in the fixed deposit in

Nationalized Bank, in her name through Smt. Partu D. Pawar,

her Natural Guardian till Gayatri attains majority. Once she

attains majority, she may withdraw Rs.4,00,000/- with interest

accrued thereon. Subject this direction, appeal is disposed of

and to that extent consent terms stands modified. This appeal is

disposed of in the aforesaid terms. Award be drawn accordingly.

4. As such, Registry shall transfer the statutory deposit to the

Motor Accident Claims Tribunal, Pune in M.A.C.P. NO.

1158/2008.

5. The Appellant may claim refund of Court fees as per Court

Fees Rule.

6. Appeal and all applications therein are disposed of.

(Sandeep K. Shinde, J.)