Bharati Aashish Patil (Borse) And ORS. v. Reliance General Insurance Co. Ltd. Mumbai

Megha 19_ia_3392_2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.3392 OF 2022 IN FIRST APPEAL (STAMP) NO.33644 OF 2018 Smt. Bharati Aashish Patil (Borase) and Ors.

In the matter between Reliance General Insurance Co. Ltd.

...Applicants ...Appellant

Versus

Smt. Bharati Aashish Patil (Borase) and Ors.

...Respondents

...

Mr. Anil Kumar Patil with Ms Sonal Rajput for the Applicant Nos.1 to 3. Ms Shalini Shankar for the Appellant-Insurance Company. CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 5th AUGUST, 2022.

P. C. :- 1.

By this application, the Applicants, who are original Claimants have sought withdrawal of compensation deposited by the Appellant-Insurance Company pursuant to the Judgment and Award dated 16/07/2018 in M.A.CP. No.464 of 2009. By the impugned judgment, the Claims Tribunal has awarded compensation of Rs.16,47,310/- at the rate of 7.5% per annum from the date of the petition till 30/07/2015.

by MEGHA S PARAB Date:

2022.08.10 15:03:36 +0530 MEGHA S PARAB 1/2

Megha 19_ia_3392_2022.doc 2.

The Applicant No.1 is the widow and Applicant Nos.2 and 3 are minor children of deceased-Aashish Patil, who had expired in a motor vehicular accident on 12/09/2009. Considering the reasons stated in the application, the Applicant No.1-widow of the deceased is permitted to withdraw 30% of the compensation with proportionate interest accrued thereon. Since Applicant Nos. 2 and 3 are minors, I am not inclined to allow withdrawal at this stage. The Tribunal shall re-invest the balance amount in any nationalised bank under fixed deposit, until further orders.

3.

Application stands disposed of.

(SMT. ANUJA PRABHUDESSAI, J.) 2/2