United India Insurance Co Ltd Through ... vs Sunita Suresh Markole And Others
2024 Latest Caselaw 14258 Bom

Bombay High Court

United India Insurance Co Ltd Through ... vs Sunita Suresh Markole And Others on 6 May, 2024

2024:BHC-AUG:9741
                                                                          30-ca-3052-2024.odt
                                                   (1)


                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                               CIVIL APPLICATION NO. 3052 OF 2024
                                       IN FA/4105/2023 WITH
                               CIVIL APPLICATION NO. 12553 OF 2023
                                          IN FA/4105/2023
                                 Sunita Suresh Markule And Others
                                              VERSUS
                                 Tanaji Kishanrao Bende And Others
                                                  ...
                          Advocate for Applicant : Mrs. Ansari Asfia Nuzhat
                         Advocate for Respondent No.3 : Mr. M.R. Deshmukh
                                                  ...
                                                 CORAM : S.G. MEHARE, J.

                                                    DATED : MAY 06, 2024

                PER COURT:-

                1.           Heard the respective counsels.

                2.           The appeal has been preferred only on the ground that

                the learned Tribunal incorrectly considered the notional income of

                Rs.15,000/- per month. Counsel for the appellant submits that it is in

                contravention of the law. The deceased was working in the stone

                crushing quarry. He was 33 years old.

                3.           Considering the inflation of the day, growing rates of the

                daily essentials and wages, this Court is of the view that this

                application may be partly allowed. Hence, the following order :

                                                ORDER

(i) The application is partly allowed.

(ii) The applicants are allowed to withdraw 90% of the amount

with interest deposited with this Court on undertaking that they 30-ca-3052-2024.odt

would deposit the money if the impugned judgment and award is

reversed.

(iii) Applicant no.1/mother to furnish an undertaking for and on

behalf of the minors.

(iv) The amount be apportioned equally.

(v) The shares of the minors be deposited in any nationalized bank

of the choice of their mother/applicant no.1 in fixed deposit till they

attain majority with right to receive the interest at quarterly rest.

Order in Civil Application No.12553 of 2023 for Stay :

1. Heard the respective counsels.

2. The appeal has been preferred on the ground of

quantum. The deceased was 33 years old working at the stone

crushing quarry. The respondents/claimants are allowed to withdraw

90% of the amount.

3. Considering the issue involved in the case, the order

granting interim stay dated 18.10.2023 stands confirmed till the

conclusion of the appeal and the application is accordingly allowed.

4. Call record and proceedings.

(S.G. MEHARE, J.)

Mujaheed//