Smt. Maherun Maula Shaikh And ORS. v. Icici Lombard General Insurance Co.Ltd. Through Its Authorised Representative Mr. Sanjeev Tripathi

43 FA 1142 OF 2017.odt vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.944 OF 2018 IN FIRST APPEAL NO.1142 OF 2017 Smt. Maherun Maula Shaikh and ors ...

Applicants In the matter between ICICI Lombard General Insurance Co.Ltd ...

Appellant.

V/s.

Smt. Maherun Maula Shaikh and ors ...

Respondent Mr. Yuvraj P.Narvankar, for applicnts.

Ms. Deepika Prabhala, i/by Res Juris for the appellant.

CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 11th OCTOBER, 2018.

P.C. :

1] Heard learned counsel for the applicants and learned counsel for the appellant Insurance Company.

2] This application is preferred by the original claimants seeking withdrawal of the amount of compensation, which is deposited by the Insurance Company in the Tribunal. 3] The submission of learned counsel for appellant is that the death of the deceased was on account of homicide as the cleaner of another truck has assaulted on the head of deceased with iron bar. 1/2

43 FA 1142 OF 2017.odt F..I.R. to that effect is lodged. Moreover, the deceased was also under the influence of alcohol and hence, the appellant Insurance Company has challenged the award passed by the Tribunal. 4] I have perused the award. It can be seen that actual cause of death was on account that the deceased come under the wheels of tempo. Therefore, at this prima facie stage, in the opinion of this Court, applicants are permitted to withdraw 30% amount of compensation considering their requirement, subject to filing of usual undertaking.

5] Application is disposed off.

[DR.SHALINI PHANSALKAR-JOSHI, J.] 2/2