Shri. Shivaji Gopal Gaikwad Through His Wife Sou. Mangal Shivaji Gaikwad v. Reliance General Insurance Company Limited Through Its Manager Mr.Amit Ashwini Sharma

(16) caf-972-18 in fa 1370-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 972 of 2018 IN FIRST APPEAL NO. 1370 OF 2015 Shri Shivaji Gopal Gaikwad and Anr.

..Applicants V/s.

Reliance General Insurance Co. Ltd. & Anr.

..Respondents ------------------- Mr. Dilip Bodake for the Applicants.

Mr. Rajesh Kanoja i/b Res Juris for Respondent. --------------------- CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : 20th MARCH, 2018.

P.C.

.

The applicant, who is the original claimant in MACP No. 515 of 2011, has sought withdrawal of money deposited by the Insurance Company pursuant to the order dated 20th May 2015 in the above MACP No. 515 of 2011.

2.

By the impugned judgment and award, the Motor Accident Claims Tribunal has awarded compensation of Rs. 31,69,109/- with interest rate @ 6% p.a. During the pendency of this appeal, the Insurance Company has deposited an amount of Rs. 37,68,296/- which is inclusive of interest.

3.

The Insurance Company has raised the plea of contributory negligence. Considering this fact, in my considered varsha

(16) caf-972-18 in fa 1370-15 view, it would be just and fair to allow withdrawal of 50% of total compensation, with proportionate interest. Hence, 50% of total compensation, with proportionate interest be paid to the Applicants. Rs. 37,68,296/-. Balance 50% amount, with proportionate interest be invested in the names of the claimants in any nationalised bank, till the disposal of this appeal or further orders. 4.

The withdrawal is subject to the final outcome of the appeal. The applicants shall file an undertaking before the MACT that they will abide by the final orders that may be made in this appeal.

5.

Civil Application is disposed of.

(ANUJA PRABHUDESSAI, J.) varsha