Bombay High Court
Vandana Rahul Kamble And Ors vs Divisional Manager, United India ... on 5 May, 2022
Bench: Bharati Dangre
1/4 34 IA 594-22.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO.594 OF 2022
IN
FIRST APPEAL NO.380 OF 2021
Vandana Rahul Kamble and Ors. .. Applicants
In the matter between
United India Insurance Company Ltd Appellant
Versus
Vandana Rahul Kamble and Ors. .. Respondents
...
Mr. D.D. Rananaware for the applicants.
Mr.Rahul Mehta i/b KMC Legal Venture for the appellant.
CORAM: BHARATI DANGRE, J.
DATED : 5th MAY, 2022
P.C:-
1 By the present Application, the applicants/original
claimants seek withdrawal of the entire amount of compensation
deposited by the Insurance Company in furtherance of the
direction issued by this Court before the MACT, Mangaon,
District Raigad.
It is informed that pursuant to the judgment
delivered by the MACT, Mangaon on 25/3/2021, the claimants,
i.e. the wife, two minor children and mother of the deceased
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Sonubai Kamble, were awarded a compensation of
Rs.79,67,500/- and the liability to pay compensation was fastened
on the opponent nos.1 and 2 jointly and severally, the
compensation carried the interest @ 5% from the date of
institution of the petition till the realization of the amount.
2 It is informed that, as compliance of the impugned
judgment, a sum of Rs.1,12,83,000/- came to be deposited by the
appellant before the Tribunal and it is this amount which is
sought to be withdrawn.
3 Heard learned counsel Mr.D.D. Rananaware for the
applicant and learned counsel Mr.Rahul Mehta for the Insurance
company. Mr. Mehta has objection to the withdrawal to the huge
amount of compensation in the wake of the grounds on which the
Insurance Company has assailed the impugned judgment.
The Application proceed to narrate the agony of the
family which was dependent on Rahul Kamble, who succumbed
to the accident on 3/1/2016 and the claimants include his wife
who is the housewife, two minor children who are pursuing their
education and mother who is aged 75 years. It is stated that the
entire family was totally dependent on the deceased and he was
their only source of income. The situation has become deplorable
with no regular income being available to the claimants,
particularly when the two minor children, aged 16 and 9, require
substantial amount for pursuing their education, and to cover
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various expenses which include their extra curricular activities.
Apart from this, the family also incur expenses for their day-to-
day activities and despite the death of Rahul in the year 2016,
they are still waiting their turn to receive the compensation and it
is stated that the family was constrained to borrow had to literally
borrow money from distinct sources and relatives with a promise
to repay.
4 Considering the situation in which the applicants find
themselves, interest of justice demand that they are permitted to
withdraw 50% of the amount deposited before the Tribunal, to
deal with the exigency arising out of loss of the sole bread earner
of the family.
The Tribunal shall, therefore, permit withdrawal of
the amount of Rs.56,41,500/-, upon the undertaking being
submitted by the applicant no.1 and applicant no.4 to the
Tribunal to the effect that if the Appeal is decided in favour of
Insurance Company against them, and by the High Court, they
shall bring back the amount along with the interest that will be
determined at the time of final adjudication of the Appeal.
5 The withdrawal of the above amount, is subject to the
following stipulation :-
(i) An amount of Rs.10 lakhs each shall be invested in
Fixed Deposit in the name of two minor children i.e.
applicant nos.2 and 3, through their guardian i.e. applicant
no.1 in any Nationalized Bank for a period of five years.
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(ii) The applicant shall be at liberty to withdraw the
periodical interest accruing on the Fixed Deposit, in order
to cater to the educational needs of the two children.
(iii) An amount of Rs.Five lakhs of the amount withdrawn
shall be invested in the name of applicant no.4 in the
Nationalized Bank for a period of three years, with liberty
being granted to her to withdraw the amount of interest
accrued on the Fixed Deposit, periodically.
(iv) The remaining amount shall be expended by
applicant no.1 in the welfare and interest of the family
which would include the educational expenses of the
children as well as medical expenses of applicant no.4 who
is aged 75 years as on date.
With the aforesaid direction being issued, IA is
disposed off.
FIRST APPEAL NO.380/2021
5 Appeal is already admitted on 8/10/2021. Learned
counsel Mr.Rahul Mehta waive notice for respondent nos.1 to 4.
The appellant is directed to file private paper book/
compilation of documents as directed by this Court in it's order
dated 8/10/2021 within a period of six months from today. The
printing of paper book is already dispensed with.
Subject to the aforesaid direction, parties are at liberty
to circulate the Appeal for final hearing.
( SMT. BHARATI DANGRE, J.)
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