Smt.Deepali Atul Kalambe And ANR. v. Regional Manager, Reliance General Insurance Company Company Ltd.

Sherla V.

caf.2367.2017_19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2367 OF 2017 IN FIRST APPEAL NO.820 OF 2017 Deepali Atul Kalambe & anr.

... Applicants

IN THE MATTER OF:

Divisional Manager Reliance General Insurance Co. Ltd.

... Appellant Vs.

Deepali Atul Kalambe & anr..

... Respondents Mr.A.R. Avachat for the Applicants Mr.Poonam Mittal for appellant insurance company. CORAM: MRS.MRIDULA BHATKAR, J.

DATE: 27th SEPTEMBER, 2017 P.C.:

1.

This is an application for withdrawal by the original claimants of the amount deposited by the appellant insurance company as per the judgment and order dated 28.6.2016 in MACP No.910 of 2012 passed by the Motor Accident Claims Tribunal, Pune. 2.

Learned Counsel for the insurance company has opposed the application and submitted that the father's occupation is shown different and, therefore, he is not to be allowed to withdraw any 1 / 2

caf.2367.2017_19.doc amount. He also submitted that the insurance company has challenged the dependency of the father.

3.

The applicant No.1 is a widow and applicant No.2 is the father of the deceased.

4.

It is a case of composite negligence and two insurance companies are held liable to pay compensation. For the reasons stated in the Civil Application, the Applicant No.1 is allowed to withdraw Rs.6 lakhs. The remaining amount shall be invested in a fixed deposit with any nationalised bank pending the disposal of the appeal.

5.

Civil Application is disposed of accordingly. (MRIDULA BHATKAR, J.) 2 / 2