Vaishnavi Kamleshkumar Chordia And Ors vs Iffco Tokyo General Insurance Co. Ltd., ...
2024 Latest Caselaw 1619 Bom

Bombay High Court

Vaishnavi Kamleshkumar Chordia And Ors vs Iffco Tokyo General Insurance Co. Ltd., ... on 19 January, 2024

2024:BHC-AUG:1600
                                                1                     21-CA-7892-21.odt



                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                              CIVIL APPLICATION NO. 7892 OF 2021
                                         IN FA/1601/2021

                1.   Vaishnavi Kamleshkumar Chordia
                2.   Jivika Kamlesh Chordia
                3.   Ganesh Kamlesh Chordia
                4.   Suganbai Shantilal Chordia
                     All R/o. Dhule                   .. Applicants/claimants
                                 Versus
                1.   IFFCO Tokyo General Insurance Co.Ltd.
                2.   Ganesh Jaising Banjara
                3.   Kiran Prakash Patil              ..   Respondents

                Mr. Vikrant P. Raje, Advocate for Applicants;
                Mr. Swapnil S. Rathi, Advocate for Respondent No.1;

                                                    CORAM : S. G. MEHARE, J.

                                                    DATE    : 19-01-2024

                PER COURT :-

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

counsel for the respondent No.1/insurance company.

2. The appellant/insurer has impugned the judgment and award

only on the ground of quantum. The Motor Accident Claims

Tribunal held the income of Rs.21,000/- per month of the

deceased, who was running a shop of Cakes, Bakery, Cold Drink

and Ice cream parlour at Dhule. It is a matter of dispute, what was

the income of the deceased. Prima facie it has been proved that

he was running the business. In the facts and circumstances of

the case, the application deserves to be partly allowed. Hence, 2 21-CA-7892-21.odt

the order;

i) The application is partly allowed.

ii) The applicants are entitled to withdraw 75% of the amount

deposited with accrued interest thereon.

(a) Out of 75% amount, 25% amount with accrued interest

be invested in the fixed deposit in the name of minor

claimants and rest of the amount be paid to the wife and

mother of the deceased equally, on furnishing an

undertaking that they will re-deposit the amount if the

impugned judgment and order is reversed.

(b) Remaining 25% amount be invested in the fixed

deposit in the name of applicants.

3. The learned counsel for the applicants prays to refer the

matter to the Lok Adalat. Hence, the matter is referred to Lok

Adalat to be held on 03.03.2024.

( S. G. MEHARE ) JUDGE

rrd