Smt.Jyoti Balasaheb Jadhav And ORS. v. Reliance General Insurance Co.Ltd.Thr.Its Manager, Mr,Amit Ashwini Sharma

Trupti p504-fast-20897-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL (ST.) NO. 20897 OF 2015 WITH CIVIL APPLICATION NO. 2887 OF 2017 IN FIRST APPEAL (ST.) NO. 20897 OF 2015 Jyoti Balasaheb Jadhav & Ors.

...Applicants

IN THE MATTER BETWEEN

Reliance General Insurance Co. Ltd. .

...Appellant

Versus

Jyoti Balasaheb Jadhav & Ors.

...Respondents

......

Ms.Yogita Deshmukh for the Applicants.

......

CORAM: MRS.MRIDULA BHATKAR, J.

DATED:

SEPTEMBER 21, 2017 P.C. :

1.

Upon urgent mentioning, taken on Production Board. 2.

This application is moved for withdrawal of an amount of Rs.12,44,000/- deposited by the appellant/insurance company pursuant to the judgment and award dated 17.12.2014 passed by the learned Member, Motor Accident Claims Tribunal, Nashik, in M.A.C.P. No. 452 of 2011.

Trupti p504-fast-20897-15.doc 3.

The learned counsel for the applicants submitted that the applicants are the wife, two children and parents of the deceased. He further submitted that the deceased was the only earning member of the family and the applicants are facing the financial hardship and, therefore, the application for withdrawal of the amount be allowed. 4.

None present for the appellant/insurance company. 5.

In view of the submissions, in the operative part of the impugned judgment and award in para 4, the apportionment of compensation amount is mentioned. The applicants are allowed to withdraw 50% of compensation amount as per apportionment given in the impugned judgment and award. The remaining amount is to be deposited in the fixed deposit in any nationalized bank.

6.

Civil Application is allowed and is accordingly disposed of. (MRIDULA BHATKAR, J.)