Smt. Shantabai Appaso Ghorpade And ANR. v. The General Manager, Bajaj Allianz General Insurance Co. Ltd.

Sherla V.

caf.492.2016_13(2).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.492 OF 2016 IN FIRST APPEAL NO.185 OF 2016 Smt.Shantabai Appaso Ghorpade & Ors.

... Applicants

IN THE MATTER OF:

Bajaj Allianz General Insurance Co. Ltd.

... Appellant Vs.

Smt.Shantabai Appaso Ghorpade & Ors.

... Respondents Mr.M.M. Sathaye for the Appellant Mr.S.G. Thorat for Resp. Nos.1 & 2 Mr.R.A. Naik i/b U.R. Mankapure for Respondent No.3 Mr.C.M. Lokesh i/b G.S. Hegde for Resp. No.4 CORAM: MRS.MRIDULA BHATKAR, J.

DATE: OCTOBER 31, 2017 P.C.:

1.

This Civil Application is moved by the claimants, who are the parents of the deceased who died in the accident. The learned Member, Motor Accident Claims Tribunal, Jaysingpur, by the judgment and order dated 24.10.2011, has granted a compensation of Rs,4,12,500/- with interest @ 7.5% p.a. Earlier, by order dated 17.2.2015, in Civil Application No.738 of 2015, this Court has allowed withdrawal of Rs.1 lakh each with accrued interest thereon, to both the respondents i.e., the original claimants.

1 / 2

caf.492.2016_13(2).doc 2.

The learned Counsel for the applicants submits that the applicants / original claimants have lost their son and they need money in their late age.

3.

The learned Counsel for the Insurance Company submits that the insurance company has good case on merits especially on the point of quantum.

4.

Considered the submissions and the facts. In view of this, the claimants are allowed to withdraw Rs.50,000/- each. 5.

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