Prasadrao Chokhoba Suryawanshi And ORS v. The Reliance General Insurance Co. Ltd., Thr Its Legal Officer, Aurangabad And ANR
(1) CORRECTED ORDER
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 937 CIVIL APPLICATION NO. 1206 OF 2025 IN FA/2187/2020 WITH CIVIL APPLICATION NO. 1513 OF 2025 IN FA/2185/2020 WITH CIVIL APPLICATION NO. 1515 OF 2025 IN FA/2186/2020 WITH CIVIL APPLICATION NO. 1198 OF 2025 IN FA/2366/2020 WITH CIVIL APPLICATION NO. 7263 OF 2020 IN FA/2185/2020 WITH FIRST APPEAL NO. 2187 OF 2020 WITH CIVIL APPLICATION NO. 7266 OF 2020 IN FA/2187/2020 WITH CIVIL APPLICATION NO. 7264 OF 2020 IN FA/2186/2020 PRASADRAO CHOKHOBA SURYAWANSHI AND ORS ....Applicants
VERSUS
THE RELIANCE GENERAL INSURANCE COMPANY LIMITED AURANGABAD AND ORS .....Respondents .....
Advocate for Applicants : Mr. Shailendra S. Gangakhedkar AGP for Respondent/State: Mr. Rajdeep D. Raut Advocate for Respondent No.1 : Mr. S. S. Patil in CA No.1206/25 .....
(2) CORAM : SANDIPKUMAR C. MORE, J.
DATED : 06 FEBRUARY , 2025
ORDER
CIVIL APPLICATION NO. 1513 of 2025 1.
Heard rival submissions.
2.
The applicant Nos. 1 and 2 in this application are seeking withdrawal of balance amount of compensation, which has been deposited by the Insurance Company along with the interest accrued thereon.
3.
The learned counsel for the Insurance Company strongly opposed the application on the ground that the learned Tribunal has granted exorbitant amount of compensation and that applicant Nos. 1 and 2 have already withdrawn 50% of the deposited compensation under order dated 21st July 2021. 4.
However, considering medical emergency of the applicant Nos.1 and 2, who are the parents of deceased Sanjaykumar Prasadrao Suryawanshi, some additional amount of compensation can be released at this stage. In view of the same and considering the compensation granted by the learned Tribunal, the applicants are permitted to withdraw 50% of the balance amount of compensation along with the proportionate interest accrued thereon till date on usual
(3) undertaking to the satisfaction of the concerned Motor Accident Claims Tribunal. The amounts which are allowed to be withdrawn by the applicant Nos. 1 and 2 in this application, be transmitted to the concerned Motor Accident Claims Tribunal, Nanded.
5.
The remaining amount be kept in Fixed Deposit in any Nationalized Bank on yearly renewal basis till final disposal of this appeal.
6.
The civil Application is accordingly disposed of. -- IN CIVIL APPLICATION NO. 1198 OF 2025 IN CIVIL APPLICATION NO. 1515 OF 2025 1.
Heard rival submissions.
2.
The applicant Nos. 1 and 2 in both these applications are seeking withdrawal of entire amount of compensation, which has been deposited by the Insurance Company along with the interest accrued thereon.
3.
The learned counsel for the Insurance Company strongly opposed the application on the ground that the learned Tribunal has granted exorbitant amount of compensation. 4.
However, considering medical emergency of the applicant Nos. 1 and 2, who are the parents of deceased Sanjaykumar
(4) Prasadrao Suryawanshi, some amount of compensation can be released at this stage. In view of the same and considering the compensation granted by the learned Tribunal, the applicant Nos. 1 and 2 are permitted to withdraw 75% of the deposited amount of compensation along with the proportionate interest accrued thereon till date. The amounts which are allowed to be withdrawn by the applicant Nos, 1 and 2 in these applications, be transmitted to the concerned MACT Nanded and the same can be withdrawn by the applicant Nos. 1 and 2 by filing usual undertaking to the satisfaction of the concerned MACT.
5.
The remaining amount be kept in Fixed Deposit in any Nationalized Bank on yearly renewal basis till final disposal of this appeal.
6.
The civil applications are accordingly disposed of. 7.
Place the appeal on 06.03.2025.
(SANDIPKUMAR C. MORE, J.) Y.S. Kulkarni