Smt. Afsana Aamir Shah And ORS. v. The Divisional Officer Shriram G.I.C. And ANR. And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application No.2655 of 2019 In First Appeal No.1365 of 2017 Afsana Aamir Shah & Others ... Applicants.

IN THE MATTER BETWEEN:

The Divisional Officer, Shriram G.I.C.

Co.Ltd.

.. Appellant.

Vs.

Afsana Aamir Shah & Ors.

.. Respondents.

...

Mr.Pritesh Bohade, Advocate for the applicant.

Mr.Rahul Mehta, Advocate i/b KMC Legal Venture for respondents/appellant.

...

CORAM : PRITHVIRAJ K. CHAVAN, J.

DATE : 1 st FEBRUARY, 2021.

P.C.:

1.

This is an application seeking withdrawal of amount of compensation deposited by the appellant/insurer in M.A.C.T., Nashik to the tune of Rs.12,32,607/-.

2.

According to the learned Counsel for the applicant, the Shailaja S.

Halkude by Shailaja S.

Halkude Date: 2021.02.01 18:19:31 +0530 entire life of the applicant has been disturbed as, sole earning 1 / 3

member of the family has died in a motor vehicle accident. The applicant is suffering from a trauma and find it difficult to meet both ends. The applicant has, therefore, prayed for withdrawal of the entire amount of compensation.

3.

Mr.Rahul Mehta, the learned Counsel for the appellant/insurer objects withdrawal by contending that, the appellant has a good case on merits as, the deceased was travelling as a gratuitous passenger in a vehicle carrying goods. 4.

Having considered the submissions made at bar, at this stage, looking to the ages of the applicant and the widow, it would be just and proper to permit the applicant to withdraw 50% of the amount of compensation with accrued interest. The applicant shall at the time of withdrawal of 50% amount, give an Undertaking that in case the appeal succeeds, they will refund the amount of compensation to the tribunal. Undertaking shall be given within two weeks from the date of withdrawal of amount.

5.

After withdrawal of 50% of the amount, balance amount shall be invested in a Fixed Deposit in any Nationalized Bank for the period of one year.

6.

The same shall be again invested for one more year after 2 / 3

obtaining order from this Court.

7.

The application is disposed of.

(PRITHVIRAJ K.CHAVAN J.) 3 / 3