Reliance General Insurance Co. Ltd. v. Smt. Hansaben @ Lilaben Hirabhai Vavadiya And ORS.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4693 OF 2016 IN FIRST APPEAL NO. 1645 OF 2016 Reliance General Insurance Co. Ltd.
...Applicant
Versus
Smt. Hansaben @Lilaben Hirabhai Vavadiya & Ors.
...Respondents
WITH CIVIL APPLICATION NO. 56 OF 2018 IN FIRST APPEAL NO.1645 OF 2016 Smt.Hansaben @ Lilaben Hirabhai Vavadiya & Ors.
...Applicants
IN THE MATTER OF FIRST APPEAL NO. 1645 OF 2016
The Reliance General Insurance Co. Ltd.
...Appellant
Versus
Smt. Hansaben @Lilaben Hirabhai Vavadiya &Ors. ...Respondents ......
Ms. Poonam Mital for the Applicant in CAF No. 4693 of 2016 and the original Appellant in FA.
Ms.Rina Kundu for the Applicants in CAF No. 56 of 2018 ......
CORAM: MRS.MRIDULA BHATKAR, J.
DATE : JANUARY 09, 2018 1 / 4
P.C.:
1.
Upon urgent mentioning, taken on Production Board. CIVIL APPLICATION NO. 4693 OF 2016 2.
By this Civil Application, the applicant seeks stay to the execution and implementation of the judgment and award dated 16th March, 2016 passed by the learned Member, Motor Accident Claims Tribunal, Thane in M.A.C.P. No. 23 of 2011. The learned Counsel for the applicant submits that the applicant/ insurance company has deposited the entire decretal amount along with interest accrued thereon.
3.
In view of the above submission, the operation and execution of the impugned judgment and award is stayed, pending Appeal. 4.
Civil Application is allowed and is disposed of accordingly. CIVIL APPLICATION NO. 56 OF 2018 5.
This Application is moved by the applicants/original claimants for withdrawal of an amount of Rs. 13,05,000/- along with interest @8% p.a. deposited by the insurance company/original appellant pursuant to the judgment and award dated 16th March, 2016 passed 2 / 4
by the learned Member, Motor Accident Claims Tribunal, Thane in M.A.C.P. No. 23 of 2011. The tribunal has further directed that an amount of Rs. 4 lakhs each is to be invested in a fixed deposit in the name of minor applicant nos. 2 and 3 for a period of three years. An amount of Rs. 1,50,000/- each is to be paid to applicant nos. 4 and 5 and the remaining amount is to be given to applicant no. 1. 6.
The learned counsel for the applicants submitted that the applicants are the wife, two minor children and parents of the deceased. Therefore, they be allowed to withdraw the amount deposited by the insurance company.
7.
Considering the facts of the case and the submissions, applicant nos. 4 and 5 i.e., parents of the deceased are allowed to withdraw 50% of the amount along with interest accrued thereon as per their entitlement on an usual undertaking and applicant no.1 i.e., the wife of the deceased is allowed to withdraw 50% of the amount alongwith interest accrued thereon on an usual undertaking as per clause 5 of the operative portion of judgment and award. The remaining amount is to be deposited in the fixed deposit in any nationalized bank.
3 / 4
8.
Civil Application is allowed and is accordingly disposed of. 9.
The appellant/insurance company to remove office objections. (MRIDULA BHATKAR, J.) 4 / 4