Mr.Sunil Ramavadh Gound v. New India Assurance Company Limited

Megha 7_caf_804_2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.804 OF 2018 IN FIRST APPEAL(STAMP) NO.7288 OF 2012 Sunil Ramvadh Gound & Ors.

...Applicants

Versus

The New India Assurance Co. Ltd.

...Respondent

.....

Mrs. Varsha Chavan for the Applicants.

Mr. Ramesh K. Cheulkar for the Respondent.

CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED: 21st MARCH, 2018.

P.C.:- The Applicants herein are the parents of the deceased child, who had expired in a motor accident. By judgment and award dated 20.9.2011 passed in M.A.C.P. No.1997 of 2006, the Claims Tribunal has awarded compensation of Rs.2,30,000/- in favour of the Applicants herein which is inclusive of compensation towards no fault liability, alongwith interest @ 10% per annum from the date of petition/application till realization of the amount. 2.

Considering that the Applicants are parents of the deceased, 25% of the compensation alongwith proportionate interest accrued Megha 1/2

Megha 7_caf_804_2018.doc thereon is ordered to be paid to each of the Applicants, who are the original claimants. Balance amount of the compensation shall be invested equally in the name of each of the Applicants in any nationalised bank till further orders.

3.

The application stands disposed of.

4.

It is made clear that the payment is subject to the final outcome of the appeal. The Applicants shall file an undertaking before the Tribunal that they will abide by the final order that may be passed in the appeal.

(SMT. ANUJA PRABHUDESSAI, J.) Megha 2/2