Bombay High Court
Oriental Insurance Co. Ltd., Thr. ... vs Ranjana Wd/O Satish Chahakar And Others on 11 January, 2024
Author: G.A. Sanap
Bench: G. A. Sanap
2024:BHC-NAG:446
1 32 a fa 928.22.odt..odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
FIRST APPEAL NO. 928 OF 2022
The Oriental Insurance Co. Ltd. through its Divisional Manager, Akola
.Vs.
Ranjana wd/o Satish Chahakar and Ors.
_______________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Shri A.W. Paunikar, Advocate for the appellant.
Shri S.A. Mohta, Advocate for respondent No.1 to 5.
CORAM : G.A. SANAP, J.
DATE : 11/01/2023
CIVIL APPLICATION NO.1938 OF 2023
Heard learned Advocate for respondent Nos.1 to
5. and learned Advocate for appellant. Perused the record
and proceedings.
2. This is an application for withdrawal the amount
of compensation deposited in this Court.
3. It is stated that claim has been finally decided.
Claim was filed in 2018. It is stated that the respondents
are entitled to get the amount of compensation deposited
in this Court.
4. Learned Advocate for the appellant submits that
judgment and award passed by the Tribunal holding that
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monthly income of the deceased was Rs.15,000/- perverse
inasmuch as there is no evidence to substantiate this aspect.
Learned Advocate therefore, submits that respondents at
the most may be allowed to withdraw 50% of the deposited
amount.
5. I have gone through the record and proceedings.
The respondents are the legal heirs of the deceased died in
vehicular accident. The Tribunal has granted the
compensation of Rs.25,58,750/-. They are entitled to get
the compensation. In order to appreciate the submissions
of the learned Advocates, I have gone through the
judgment and order passed by the Tribunal. On going
through the record and proceedings, I am of the view that
respondents being the unfortunate legal heirs of the
deceased can be allow to withdraw Rs.20 Lacs (Rs. Twenty
Lacs Only) out of the deposited amount.
6. Accordingly the application is partly allowed.
7. Respondent No.1 Ranjana wd/o Satish
Chahakar is allowed to withdraw Rs.20 Lacs (Rs. Twenty
Lacs Only) with accrued interest on behalf of respondent
Nos.1, 2, 3 and 5 on furnishing usual undertaking to the
effect that she will return the said amount in case the
appeal is decided against her along with interest at the rate
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that will be determined by the Court.
6. Respondent Nos. 1, 2, 3 and 5 are allowed to
withdraw the amount of Rs.20 Lacs. (Rs. Twenty Lacs
Only). During the pendency of the appeal respondent
No.4 is expired and respondent Nos. 1, 2 3 and 5 are the
legal heirs of respondent No.4 and are already on record.
7. Application stands disposed of, accordingly.
(G. A. SANAP, J.)
manisha
Signed by: Mrs. Manisha Shewale
Designation: PA To Honourable Judge
Date: 17/01/2024 10:57:55
