Jyoti Chandrabhan Pennewar And ORS v. Tata Aig General Insurance Co. Ltd., Thr Its Manager, Pune And ANR

2024:BHC-AUG:29466 {1} ca2647-20.doc drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2647 OF 2020 IN FIRST APPEAL NO.797 OF 2019 Jyoti Chandrabhan Pennewar and Others APPLICANTS

VERSUS

Tata AIG General Insurance Co., LTD Through its Manager Pune & Another RESPONDENTS .......

Mr. V. D. Patnurkar, Advocate for the Applicants Mr. S. S. Patil, Advocate for Respondent No.1 .......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 13 th DECEMBER, 2024 ORDER :

1.

Heard.

2.

This application is filed for withdrawal of compensation amount deposited by the Insurer towards death claim. Compensation of Rs.10,78,000/- is awarded by the MACT. The Insurer has deposited Rs.13,20,020/-.

3.

Learned Advocate for the Insurer has strenuously opposed the Application by arguing on the merits of the appeal. 4.

The accident in question has taken place on 29th December, 2016 and the Tribunal has passed Award on 11th

{2} ca2647-20.doc September, 2018.

5.

The Claimants have not received any compensation till date. In that view of the matter, the Application is partly allowed. Claimants are permitted to withdraw an amount of Rs.5 lakh along with proportionate accrued interest, by submitting usual undertaking to the satisfaction of the Registrar (Judicial) and Rs. 5 lakh by furnishing solvent surety / security. The balance amount be invested in fixed deposit in any nationalized bank to be renewed from time to time, till disposal of the First Appeal. [ NITIN B. SURYAWANSHI ] JUDGE drp/ca2647-20.doc