Shri.Pralhad Bhanudas Satpute And ANR. v. Reliance General Insurance Co.Ltd.

p509-caf2767-17 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2767 OF 2017 IN FIRST APPEAL NO.818 OF 2017 Pralhad B. Satpute & Anr.

...Applicants

IN THE MATTER BETWEEN :

Reliance General Insurance Co. Ltd.

...Appellant V/s.

Pralhad B. Satpute & Ors.

...Respondents

Ms.Deepika Prabhakar i/b Res Juris for the Appellant. Mr.Yuvraj P. Narvankar for the Respondent Nos.1 and 2 and for the Applicants in CAF No.2767 of 2017.

CORAM : MRS.MRIDULA BHATKAR, J.

DATE : 12TH SEPTEMBER, 2017.

P.C. :- 1.

Not on board. Upon mentioning, taken on board. 2.

The application is moved for withdrawal of the amount which was deposited by the appellant - Insurance Company pursuant to the judgment and award dated 1st September, 2016 passed by the Additional Member, Motor Accident Claim Tribunal, Pune in MACP No.913 of 2013. Learned counsel for the Insurance company submits that the Insurance Company has deposited total amount of 1/2

p509-caf2767-17 Rs.17,01,223/-. Learned counsel for the applicant submits that the applicants - original claimants and the parents. It is a fatal claim application. The Insurance Company has raised the defence in respect of the quantum.

3.

In view of the submissions and the facts that the applicant nos.1 and 2 are parents, they are allowed to withdraw the amount of Rs.4,00,000/- each and the remaining amount is to be deposited before the Motor Accident Claim Tribunal, Pune on usual undertaking. The deposited amount shall be invested in the nationalized bank on usual terms.

4.

The civil application is hereby disposed of.

(MRS.MRIDULA BHATKAR, J.) 2/2