Taramati Asaram Dolzake And Ors vs Mahesh Annasaheb Taur And Anr
2024 Latest Caselaw 3259 Bom

Bombay High Court

Taramati Asaram Dolzake And Ors vs Mahesh Annasaheb Taur And Anr on 2 February, 2024

2024:BHC-AUG:2634
                                                  1                    32-CA-50-24-w.odt




                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD


                                 CIVIL APPLICATION NO. 50 OF 2024
                                         IN FAST/22314/2023

                              TARAMATI ASARAM DOLZAKE AND OTHERS
                                               VERSUS
                              MAHESH ANNASAHEB TAUR AND ANOTHER
                                                  ...
                            Advocate for Applicant : Mr. Pramod C. Mayure
                           Advocate for Respondent No.2 : Mr. V. R. Mundada
                                                  ...

                                                      CORAM : S. G. MEHARE, J.

DATE : 02-02-2024 PER COURT :-

1. Heard the learned counsel for the applicant and the learned

counsel for respondent No.2/insurer.

2. Learned counsel for respondent No.2/insurer states that the

offending vehicle was not involved in the accident. There was an

inordinate delay of three months in lodging the first information

report. Hence, claim of the applicants/claimants was to be

dismissed. However, the learned Tribunal erroneously held the

insurer liable to pay compensation.

3. Learned counsel for the claimants submits that delay in F.I.R.

was properly explained. It was proved that the offending vehicle

was involved in the accident. The applicants had discharged their

burden to prove the negligence. Hence, the impugned award is

free from error of law and infirmity.

2 32-CA-50-24-w.odt

4. Considering the issue involved in the case and admitted fact

of death of deceased in the accident, following order is passed;

i)     The application is partly allowed.

ii)    Applicants No.1 to 3, the mother and two children of the

       deceased    are   permitted    to    withdraw   the    amount       of

Rs.14,00,000/- from the amount deposited with the Court.

Out of the said amount, Rs.5,00,000/- be released in the

name of applicant No.1/wife and Rs.4,50,000/- each, be

invested in fixed deposit in any Nationalized Bank in the

name of minors/applicant No.1 under the natural guardian

mother, till they attain majority, with a right to accrue

interest with quarterly rests, on furnishing an undertaking

that she will deposit the money, if the impugned judgment

and award is reversed.

iii) The balance amount be deposited in the fixed deposit in any

Nationalized Bank, as per rules, till the conclusion of the

appeal.

( S. G. MEHARE ) JUDGE

rrd