Smt. Sulbha Ganesh Shinde And ORS. v. The National Insurance Company Limited

Sherla V.

caf.4164.2015_13.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4164 OF 2015 IN FIRST APPEAL ST. NO.894 OF 2013 Smt.Sulbha Ganesh Shinde & Ors.

... Applicants Vs.

National Insurance Co. Ltd. & anr.

... Respondents Ms.R.Kundu for the Applicants Mr.A.A. Gatne for Respondents CORAM: MRS.MRIDULA BHATKAR, J.

DATE: 18th DECEMBER, 2015 P.C.:

1.

The Civil Application is filed for withdrawal of the amount of Rs.31,72,315/- deposited by the respondent / insurance company in the Tribunal.

2.

The learned Counsel for the applicants submits that the applicants are the dependent widow, minor children and the parents of the deceased. 3.

The learned Counsel for the insurance company submits that the insurance company has admitted its responsibility upto Rs.12,66,000/- and the challenge is only on the point of quantum and negligence. 4.

In view of the above, the applicants are allowed to withdraw a sum of Rs.13 lakhs out of which the wife / widow shall be allowed to withdraw 1 / 2

caf.4164.2015_13.doc Rs.4 lakhs, the two minor children are allowed to withdraw Rs.1,50,000/- each through applicant No.1 and the parents are allowed to withdraw Rs.6 lakhs. The statutory amount of Rs.25,000/- shall be transferred to the Tribunal.

5.

List the appeal for admission on 27.1.2016.

6.

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