Vannita W/O Kishor Pijdurkar And ANR v. Shriram General Insurance Co. Ltd., Thr Its Manager Legal Department, Nagpur And ANR

956ca2594.22

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 956 CIVIL APPLICATION NO.2594 OF 2022 IN FA/3001/2021 VINNITA W/O KISHOR PIJDURKAR AND ANR

VERSUS

SHRIRAM GENERAL INSURANCE CO. LTD., THR ITS MANAGER LEGAL DEPARTMENT, NAGPUR ...

Advocate for Appellant : Mr. P.C. Mayure Advocate for Respondent No. 1 : Mr.Rathi Swapnil S. ...

CORAM : VINAY JOSHI, J.

DATE : 23rd FEBRUARY 2022.

PER COURT :

1.

This is an application seeking for withdrawal of compensation amount. On account of death of a young boy, the claim was raised by the parents and sister of the deceased. The claimants i.e. the father and mother of the deceased have approached this Court for withdrawal of compensation amount. 2.

The insurance company has deposited amount of Rs. 36,09,157/- in this Court as informed by learned counsel appearing for the insurance company.

3.

He has resisted this application by contending that the Tribunal has erred in deciding the point of negligence. Moreover, he would submit that the Tribunal has held the notional income of the

956ca2594.22 deceased to the extent of Rs. 18,000/- which is on quite higher side. 4.

Having regard to the above facts, partial withdrawal can be permitted to secure the interest of both sides. 5.

Out of deposited amount, an amount of Rs. 6,00,000/- be invested in the name of applicant No. 1 Vinnita w/o Kishor Pijdukar (mother of the deceased) and Rs. 6,00,000/- be invested in the name of applicant No. 2 Kishor s/o Namdevrao Pijdurkar (father of the deceased) in any nationalized bank of their choice, for the period of three years with a rider that there shall be no withdrawal, unless permitted by this Court.

6.

They shall be entitled to receive periodical interest on the said deposits as per their choice.

7.

Out of remaining amount, an amount Rs. 4,00,000/- each be disbursed to both the applicants, on obtaining their usual undertakings to the satisfaction of Registrar (Judicial). 8.

Remaining amount be invested in any nationalized bank. 9.

Civil application is disposed of.

( VINAY JOSHI, J. ) mahajansb/