Surekha Bhagwandasji Agrawal v. The New India Assurnace Co Ltd Through Its Divsiional Manager

943-CA-3408-2023

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 943 CIVIL APPLICATION NO. 3408 OF 2023 IN FIRST APPEAL NO. 1007 OF 2022 SUREKHA BHAGWANDASJI AGRAWAL AND OTHERS

VERSUS

THE NEW INDIA ASSURANCE COMPANY LTD THROUGH ITS DIVISIONAL MANAGER AND OTHERS ...

Mr. S.S. Agrawal - Advocate for Applicants Mr. M.M. Ambhore - Advocate for Respondent No.1 ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 16th June, 2023 PER COURT :

1.

Heard rival submissions.

2.

The applicants are seeking withdrawal of the entire amount of compensation, which has been deposited by the appellant - Insurance Company alongwith the interest accrued thereon.

3.

The learned Counsel for appellant - Insurance Company strongly opposed the application on the ground that, the learned Tribunal has granted excessive amount and there was also contributory negligence on the part of deceased in the Pooja K.

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943-CA-3408-2023 accident, since it was head on collision.

4.

In view of the same, the applicants are permitted to withdraw only 50% of the compensation amount from their respective shares as determined by the learned Tribunal alongwith the proportionate interest accrued thereon till date on furnishing usual undertaking to the satisfaction of the learned Registrar (Judicial) of this Court.

5.

The remaining amount be invested in F.D.R. in any nationalized bank on yearly renewal basis till final disposal of this appeal.

6.

The civil application is accordingly disposed of. [ SANDIPKUMAR C. MORE ] JUDGE Pooja K.

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