Smt. Ashwini Shrikant Madhavi And ORS. v. Reliance Gen. Ins. Co.Ltd. And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2671 OF 2019 IN FIRST APPEAL NO. 1118 OF 2018 Ashwini Shrikant Madhavi & Ors.

..Applicants In the matter between Reliance General Insurance Co. Ltd.

..Appellant v/s.

Ashwini Shrikant Madhavi & Ors.

..Respondents Mr. T.J.Mendon for the Applicants-Orignal Claimants. Ms. Shalini Shankar for the Appellant-Insurance Co. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : 29th JULY, 2019.

P.C.

1.

By this application, the applicant-Original Claimants have sought withdrawal of the compensation amount deposited by the Insurance Company as per the judgment and award dated 24.1.2019 in MACP No. 126 of 2014 passed by the MACT, Mangaon, Raigad. 2.

By the impugned judgment and award, the MACT, Mangaon,

Raigad, has awarded compensation of Rs.15,93,200/- to the claimants with interest at the rate of 7.5% per anum from the date of petition till the date of payment. Out of the total compensation awarded, an amount of Rs.7,96,600/- with proportionate cost and interest is ordered to be paid to the applicant no.1 widow, and compensation of Rs.3,98,300/- each with proportionate cost and interest is ordered to be paid to the applicant nos.2 and 3 respectively being the parents of the deceased. 3.

Having considered the reasons stated in the application, as well as the grounds raised in the appeal memo, the MACT, Mangaon, Raigad is directed to pay 50% of Rs.796600/- with proportionate interest to the applicant no.1, and 50% of Rs.3,98,300/- each with proportionate interest to the applicant nos.2 and 3. 4.

The MACT, to re-invest the balance amount in the names of the respective applicants, in any nationalized bank until further orders. 5.

The applicants shall furnish an undertaking before the tribunal

that they will abide by the final orders that may be passed in this appeal.

6.

It is made clear that the payment of the amount is subject to the final outcome of the appeal.

7.

Civil application stands disposed of.

Digitally signed by Prasanna P.

Salgaonkar Date:

2019.07.30 16:37:09 +0530 Prasanna P.

Salgaonkar (ANUJA PRABHUDESSAI, J.)