Smt. Dipti Anil Gupta And ORS. v. Bharti Axa Gen. Ins. Co. Ltd.

916 caf 3217 of 2018 .doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3217 OF 2018 IN FIRST APPEAL NO.319 OF 2018 Dipti Anil Gupta and Ors.

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Applicants versus Bharti Axa General Insurance Co. Ltd.

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Respondent Mr. T.N.Mendon, for Applicant Nos.1 to 3. .

Mr. Nikhil Mehta I/by KMC Legal Venture, for Respondent. CORAM: AKIL KURESHI & S.J. KATHAWALLA, JJ.

DATE: 7 th JUNE, 2019 P.C.:

1.

Translated copies of the impugned award of the Claims Tribunal taken on record.

2.

The learned Advocate for the Insurance Company stated that the entire amount of compensation awarded by the Claims Tribunal has been deposited with the Tribunal with proportionate costs and interest. Out of the amount so deposited, 70% thereof would be invested by the Claims Tribunal in fixed deposit in any nationalized bank initially for a period of five years, to be renewed from time to time till final disposal of the First Appeal. Periodical interest accruing thereon, shall be paid to the widow of the deceased for herself and minor child. SSP

916 caf 3217 of 2018 .doc 3.

Out of the remaining 30%, the disbursement shall be made in following terms :

(a) 1/4th of this amount shall be released in favour of the parents of the deceased in equal proportion.

(b)Remaining 3/4th of the amount would be released in favour of the widow and minor child in equal proportion.

(c) The amounts to be released shall be through account payee cheques in favour of the respective claimants after due verification. 4.

The Civil Application is disposed of.

( S.J.KATHAWALLA, J. ) ( AKIL KURESHI, J. ) SSP