Smt Shaila W/O Chandansing Rahekwal And ... vs New India Assurance Co Ltd And Ors
2024 Latest Caselaw 3270 Bom

Bombay High Court

Smt Shaila W/O Chandansing Rahekwal And ... vs New India Assurance Co Ltd And Ors on 2 February, 2024

2024:BHC-AUG:2587
                                                 1                  18-CA-12124-23-w.odt




                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD


                               CIVIL APPLICATION NO. 12124 OF 2023
                                           IN FA/506/2023

                      SMT SHAILA W/O CHANDANSING RAHEKWAL AND OTHERS
                                             VERSUS
                           NEW INDIA ASSURANCE CO LTD AND OTHERS
                                                 ...
                         Advocate for Applicant : Mr. Solanke Shikrashna B.
                     Advocate for Respondent No.1 : Mr. Anand Dale holding for
                                                     Mr. S. S. Rathi
                                                 ...

                                                     CORAM : S. G. MEHARE, J.

                                                     DATE    : 02-02-2024
                PER COURT :-

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

counsel for respondent No.1/appellant.

2. The deceased was a Tailor. The Tribunal has held his notional

income of Rs.500/- per day and granted the compensation to his

wife, children and mother. Deceased was travelling in M.S.R.T.C.

bus. The M.S.R.T.C. paid them compensation of Rs.10 Lakh.

Learned counsel for the appellant/insurer states that the said

amount should be adjusted to the total compensation amount

awarded by the learned Tribunal.

3. The learned counsel for the claimants states that it was

independent award covered under the separate premium charged.

Hence, that money is not adjustable to the award determined by 2 18-CA-12124-23-w.odt

the learned Tribunal. This is a question of dispute. However, the

applicants are entitled to receive balance amount of award

keeping the amount of Rs.10,00,000/- with Court. Hence, the

order;

i) The application is partly allowed.

ii) The applicants are entitled to withdraw Rs.18,00,000/- from

the amount deposited with this Court. The share of the

applicants No.2 and 3 be invested in fixed deposit for three

years, in any Nationalized Bank, with right to receive accrued

interest at quarterly rests.

iii) The balance amount of Rs.4,25,000/- be paid by cheque on

furnishing undertaking that they will deposit money if the

impugned judgment and award is reversed.

( S. G. MEHARE ) JUDGE

rrd