Nita Shanteelal Gandhi And Ors vs Sbi General Insurance ...
2023 Latest Caselaw 166 Bom

VAISHALI
ANIL     Tikam                                              1/3               3-19219 of 2022
TIKAM                                                                        th
                                                                            5 January, 2023

Digitally signed
by VAISHALI
ANIL TIKAM                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Date:
2023.01.05
17:49:05 +0530                         CIVIL APPELLATE JURISDICTION
                                   INTERIM APPLICATION No. 19219 OF 2022
                                                      IN
                                        FIRST APPEAL No. 733 OF 2022
                   Nita Shanteelal Gandhi and Ors.                  ...Applicants
                   In the matter between
                   SBI General Insurance Co. Ltd., Mumbai           ...Appellant
                             Vs.
                   Smt. Nita Shanteelal Gandhi and Ors.             ...Respondents
                                                   -----
                   Ms. Varsha Chavan for Applicants (Org. Respondents in
                   Appeal)
                   Mr. R.S. Vidyarthi a/w. Ishita Bhole a/w. Parth Parikh i/b. S.S.
                   Vidyarthi for Appellant
                                             CORAM : SANDEEP K. SHINDE, J.

THURSDAY 5TH JANUARY, 2023 P.C. :

1. Mr. Shanteelal Gandhi died in vehicular collision on

th July, 2013. Whereafter, in application No.1694/2013 for compensation moved by the claimants of the deceased, Motor Accident Claim Tribunal, Mumbai directed the Opponents to pay sum of Rs.46,92,000/- inclusive of no fault liability (NFL) to the Applicants along with interest @ 5% p.a. Tikam 2/3 3-19219 of 2022 th 5 January, 2023

from the date of filing of application till realization by Judgment and Award dated 10 th December, 2021. The said Award is challenged by the Insurance Company.

2. Pending Appeal, Appellant-Insurance Company deposited the compensation in the Claim Tribunal.

3. The Applicants are seeking leave to withdraw the said amount.

4. Heard learned counsel for the parties.

5. In consideration of the fact, that sole bread winner, died in the accident way back in the year, 2013 and in view of the advanced age of the parents of the deceased, I am inclined to allow the Applicants to withdraw Rs.25,00,000/- on furnishing usual undertaking to the Claim Tribunal, Mumbai.

6. The Learned Member shall disburse Rs.25,00,000/- to the Applicants in MACT Application No. 1694 of 2013 in the following manner:

(i) Rs.2,00,000 each to the original Applicant Nos.2 to 5;

and

(ii) remaining amount to Respondent No.1;

(iii) Balance amount after disbursement shall be reinvested in fixed deposit in Nationalized Bank, in the name of Applicant No.1.

4. Interim Application No.19219 of 2022 is partly allowed and disposed of.

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                                                 th
                                                5 January, 2023

5. All to act on an authenticated copy of this order.

(SANDEEP K. SHINDE, J.)