Smt Dewyani Yograj Yewale And Ors vs Bajaj Alliance General Insurance ...
2024 Latest Caselaw 2432 Bom

Bombay High Court

Smt Dewyani Yograj Yewale And Ors vs Bajaj Alliance General Insurance ... on 25 January, 2024

2024:BHC-AUG:2080
                                                  1                      30-CA-11819-23.odt



                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                      CIVIL APPLICATION NO. 11819 OF 2023 IN FA/1940/2023

                           SMT. DEWYANI YOGRAJ YEWALE AND OTHERS
                                              VERSUS
                     BAJAJ ALLIANCE GENERAL INSURANCE COMPANY LTD AND
                                             ANOTHER
                                                  ...
                     Advocate for Applicants : Mr. Karan V. Sarosiya holding for
                                              Mr. Satyajit S. Bora
                     Advocate for Respondent No.1 : Mr. S. S. Sarda holding for
                                                      Mr. M. R. Deshmukh
                                                  ...

                                                      CORAM : S. G. MEHARE, J.

                                                      DATE     : 25-01-2024
                PER COURT :-

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

counsel for respondent No.1/appellant.

2. Applicant No.1/wife and applicants No.2 and 3/parents of the

deceased had filed a motor accident claim petition. The learned

Tribunal held all the applicants entitled to get compensation of

Rs.18,67,400/- including the NFL amount along with interest @ 7%

p.a. from date of institution of petition till the realization of entire

amount.

3. Learned counsel for the respondent/appellant Bajaj Alianz

states that applicant No.3/the father was not dependent. He was

also held dependent upon the deceased. Hence, the correct

multiplier was applied. Therefore, the applicants are not entitled to

withdraw the deposited amount of their share.

2 30-CA-11819-23.odt

4. There appears a substance in the submission. However, the

applicants No.1 and 2 /wife and the mother of the deceased were

dependent, for the purpose of motor accident claim. Therefore,

the application deserves to be partly allowed. Hence, the order;

i) The application is partly allowed.

ii) Applicants No.1 and 2 / wife and mother of the deceased are

permitted to withdraw 75% of their share from the deposited

amount with proportionate accrued interest, on usual

undertaking that they will deposit the amount, if the

impugned judgment and award is reversed.

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

Nationalized Bank, till further orders.

( S. G. MEHARE ) JUDGE

rrd

Signed by: Rajesh Rameshrao Davane Designation: PA To Honourable Judge Date: 31/01/2024 20:30:13