Bombay High Court
Shriram General Insurance Co Ltd ... vs Sunita Gopal Shingare And Ors on 13 June, 2024
2024:BHC-AUG:10789
CA 3555/24
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
906 CIVIL APPLICATION NO. 3555 OF 2024
IN FAST/33173/2023
WITH
CIVIL APPLICATION NO. 13548 OF 2023
IN FAST/33173/2023
WITH
CIVIL APPLICATION NO. 13549 OF 2023
IN FAST/33173/2023
Sunita Gopal Shingare And Ors
VERSUS
Shriram General Insurance Company Limited And Anr
...
Advocate for Applicant : Mr. Shinde Ram S.
Advocate for Respondent No. 1 : Mr. S.S. Rathi
...
CORAM : KISHORE C. SANT, J.
Dated : June 13, 2024
PER COURT :-
1. Heard the learned advocates for the parties.
2. Civil Application No. 13548/2023 is filed, seeking condonation
of delay of 93 days caused in filing the appeal against the judgment
and order of the Tribunal dated 11.4.2023, whereby the Insurance
Company is directed to pay compensation of Rs.24,47,799/- to the
original claimants.
3. For the reasons stated in the application, the application stands
allowed. Delay of 93 days is condoned. Office to register the appeal.
The application is disposed of.
4. Civil Application No. 3555/2024 is filed for withdrawal of
amount of compensation deposited by the appellant/Insurance
CA 3555/24
2
Company in this Court. Original claimants are legal heirs of deceased
Gopal Shingare.
5. The learned advocate for the applicants submits that the
learned Tribunal has rightly allowed the claim petition and directed to
pay amount of Rs.24,47,799/- to the claimants with future interest at
the rate of 6% p.a. from the date of filing of the claim petition till the
realization of entire amount by considering the relevant factors. There
is no substantial ground involved in the petition. In the present case,
the insurance company has deposited amount of Rs.31,88,803/-. He,
thus, prays for allowing the applicants to withdraw 100% amount
deposited by the Insurance Company.
6. Mr. S.S. Rathi, learned advocate appearing for respondent No.
1/ Insurance Company vehemently opposes the application. He
submits that the applicants have infact not proved the age of the
deceased, income of the deceased, there are no bank statements
produced on record to show the income of the deceased. He submits
that only electricity bills are produced on record of the connection
standing in the name of the applicants. The electricity bill itself does
not prove the income of the deceased. He, thus, prays for rejection
of the application.
7. After hearing the parties, this Court finds that interest of justice
would be met by allowing the applicants to withdraw 50% of the
amount deposited by the Insurance Company in this Court as this
Court finds that there are substantial grounds raised in the appeal.
CA 3555/24
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Hence, the following order :-
ORDER
(i) Applicants are entitled to withdraw 50% of the amount
deposited by the appellant/Insurance Company in this Court along
with interest, if any, accrued thereon by furnishing an undertaking
that in case the appeal is allowed, they shall re-deposit the amout
within twelve weeks thereafter. The amount shall be disbursed
equally amongst the applicants as directed by the Tribunal.
(ii) Remaining 50% amount be invested in fixed deposit, to be
renewed from time to tome, till the appeal is finally decided.
( KISHORE C. SANT, J. )
ssc/
