Shahin Khalid Shaikh And ORS v. Cholamandalam General Insurance Co. Ltd., Thr Branch Manager And ANR

2024:BHC-AUG:25534 {1} ca6225-20.doc drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 6225 OF 2020 IN FIRST APPEAL NO.3847 OF 2019 Shahin Khalid Shaikh and Others APPLICANTS

VERSUS

Cholamandalam General Insurance Co Ltd., Through Branch Manager and Another RESPONDENTS .......

Mr. Vinayak S. Bedre, Advocate for the applicants Mr. Abhijit Choudhari, Advocate for respondent No.1 .......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 18 th OCTOBER, 2024 ORDER :

1.

This is an application for withdrawal of compensation amount awarded by the Motor Accident Claims Tribunal, by partly allowing the death claim filed by the applicants - claimants. 2.

Learned advocate for respondent No. 1 - insurer has strenuously opposed the application stating that, exorbitant amount of compensation is awarded by the Tribunal, to which claimants are not entitled.

3.

For the reasons stated in the application and considering the fact that the accident has taken place in the year 2016, the application is allowed on following terms:

{2} ca6225-20.doc Applicants are permitted to withdraw 50% of the amount along with proportionate accrued interest, on furnishing usual undertaking to the satisfaction of the Registrar (Judicial) and remaining 50% amount along with proportionate accrued interest, on furnishing solvent surety / security to the satisfaction of the Registrar (Judicial).

[NITIN B. SURYAWANSHI] JUDGE drp/ca6225-20.doc