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Bombay High CourtCAF/1911/2017disposed off

Shri.Khodidas Savji Lakum And ORS. v. Reliance Gen.Ins.Co.Ltd.

2017-08-22Hon'Ble Mrs. Justice Mridula Bhatkar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1911 OF 2017 IN FIRST APPEAL (ST.) NO. 8642 OF 2017 Shri. Khodidas Savji Lakum & Ors.

... Applicants

IN THE MATTER BETWEEN

Reliance Gen. Ins. Co. Ltd.

...Appellant

Versus

Shri. Khodidas Savji Lakum & Ors.

...Respondents

WITH CIVIL APPLICATION NO. 1209 OF 2017 WITH CIVIL APPLICATION NO. 1210 OF 2017 IN FIRST APPEAL (ST.) NO. 8642 OF 2017 Reliance General Insurance Co. Ltd.

...Applicant

Versus

Shri. Khodidas Savji Lakum & Ors.

...Respondents

......

Mr. D.S.Joshi for the Applicants in CAF No. 1911 of 2017. Ms.Poonam Mital for the Applicant in CAF Nos. 1209 and 1210 of 2017. ......

CORAM: MRS.MRIDULA BHATKAR, J.

DATED:

AUGUST 22, 2017

P.C. :

1.

Upon urgent mentioning, taken on Production Board. CIVIL APPLICATION NO. 1911 OF 2017 2.

This application is moved for withdrawal of the amount of compensation. Applicant nos. 1 and 2 are the parents and applicant no.3 is a sister of the deceased. The learned counsel for the applicants submits that the learned Member, Motor Accidents Claims Tribunal, Mumbai, has partly allowed the claim application and granted compensation of Rs. 3,25,000/- with interest @ 7.5% p.a. 3.

Learned counsel for the insurance Company informs the Court that the insurance Company has deposited an amount of Rs. 5,37,608/- alongwith interest accrued thereon.

4.

In view of the above, applicant nos. 1 to 3 are allowed to withdraw an amount of Rs. 3,25,000/- equally. The remaining amount shall be deposited in a fixed deposit with any nationalized Bank. 5.

Civil Application is allowed and disposed of accordingly.

6.

Civil Application Nos. 1209 of 2017 and 1210 of 2017 are fixed on 03.10.2017.

(MRIDULA BHATKAR, J.)