Anupama Shridhar Salave And Ors vs Shriram General Insurance Company ...
2024 Latest Caselaw 3271 Bom

Bombay High Court

Anupama Shridhar Salave And Ors vs Shriram General Insurance Company ... on 2 February, 2024

2024:BHC-AUG:2589
                                                  1                   30-CA-14673-23-w.odt




                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD


                                 CIVIL APPLICATION NO. 14673 OF 2023
                                            IN FA/2362/2023

                            ANUPAMA SHRIDHAR SALAVE AND OTHERS
                                             VERSUS
                     SHRIRAM GENERAL INSURANCE COMPANY LIMITED, THR ITS
                         BRANCH MANAGER, AURANGABAD AND ANOTHER
                                                ...
                         Advocate for Applicants : Mr. Shivaji K. Naikwade
                        Advocate for Respondent No.1 : Mr. A. G. Chaudhari
                                                ...

                                                      CORAM : S. G. MEHARE, J.

                                                      DATE    : 02-02-2024
                PER COURT :-

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

the learned counsel for respondent No.1/appellant.

2. The learned counsel for the insurer submits that the major

sons of the deceased have been held dependent on the deceased.

The notional income of Rs.10,000/- per month was also on higher

scale. The offending vehicle was not involved in the accident.

Therefore, insurer is not liable to pay the compensation.

3. Learned counsel for the applicants submits that the Tribunal

has discarded the defence of the insurer. Considering the inflation

of the day, notional income of Rs.10,000/- per month was just and

proper. The wife, mother and sons though major were dependent

on the deceased.

2 30-CA-14673-23-w.odt

4. Considering the facts involved in the case, the following

order is passed;

i) The application is partly allowed.

ii) Applicant No.1 Anupama and applicant No.4 Mathurabai are

permitted to withdraw amount of Rs.5,00,000/- (Rs. Five

Lakh Only) each from the amount deposited on furnishing

undertaking that they will deposit the amount, if the

impugned judgment and award is reversed.

iii) The rest of the amount be invested in fixed deposit in any

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

appeal.

( S. G. MEHARE ) JUDGE

rrd