Jyoti W/O Yogiraj Rathod And ORS v. The Divisional Manager, Reliance General Insurance Company Ltd And ORS
2025:BHC-AUG:4377
IN THE JUDICATURE OF HIGH COURT AT BOMBAY
BENCH AT AURANGABAD 906 CIVIL APPLICATION NO. 1782 OF 2025 IN FAST/24236/2024 JYOTI W/O YOGIRAJ RATHOD AND OTHERS
VERSUS
THE DIVISIONAL MANAGER, RELIANCE GENERAL INSURANCE COMPANY LTD AND OTHERS ....
Advocate for Applicants : Mrs. Meera Ambadasrao Bhosle Advocate for Respondent No.1 : Mr. Aniruddha S. Usmanpurkar ....
WITH CIVIL APPLICATION NO. 9714 OF 2024 IN FAST/24236/2024 THE DIVISIONAL MANAGER, RELIANCE GENERAL INSURANCE COMPANY LTD
VERSUS
JYOTI W/O YOGIRAJ RATHOD AND OTHERS ....
Advocate for Applicant : Mr. Aniruddha S. Usmanpurkar ....
WITH CIVIL APPLICATION NO. 9715 OF 2024 IN FAST/24236/2024 THE DIVISIONAL MANAGER, RELIANCE GENERAL INSURANCE COMPANY LTD
VERSUS
JYOTI W/O YOGIRAJ RATHOD AND OTHERS ....
Advocate for Applicant : Mr. Aniruddha S. Usmanpurkar ....
CORAM : S. G. CHAPALGAONKAR, J.
Dated : 13th February 2025
PER COURT :- ORDER ON WITHDRAWAL OF AMOUNT :
1.
Heard learned advocates appearing for respective parties. 2.
The applicants/original claimants are seeking permission to withdraw the amount, deposited by the respondent insurance company in pursuance of order dated 14.03.2024, passed by learned Chairman, Motor Accidental Claims Tribunal at Aurangabad. 3.
The claimants are dependents of deceased Yogiraj Kisan Rathod, who died in motor vehicle accident on 23.03.2019. The claim was instituted under Section 166 of the Motor Vehicle Act, for compensation against the owner and insurer of offending vehicle i.e. tipper. The Tribunal after evaluation of evidence, allowed the claim and passed an award of Rs.26,28,200/-.
4.
The aggrieved insurance company filed the present appeal carrying forward its defence of contributory negligence and quantum.
5.
The perusal of the judgment passed by learned Tribunal shows that, on the basis of documentary evidence, the issue of negligence has been decided against the driver of tipper. The income
of the deceased has considered notionally @ Rs.10,000/- per month. Therefore, the entitlement of the claimants for partial withdrawal of amount cannot be disputed. In that view of the matter, following order is passed.
ORDER
I.
The application is partly allowed.
II.
The applicants/claimants are permitted to withdraw 60% amount of the compensation amount along with accrued interest, deposited by the insurance company on furnishing undertaking to Registrar (Judicial) of this court that they shall redeposit amount in case adverse order is passed in Appeal.
II.
Rest of the amount be kept in fixed deposit till final disposal of the Appeal.
ORDER ON CIVIL APPLICATION FOR DELAY :
6.
Reissue notice to unserved respondents, returnable on 27.03.2025.
ORDER ON CIVIL APPLICATION FOR STAY :
7.
Learned advocate appearing for the applicant submits that, entire amount as awarded is deposited with the registry of this court.
8.
The statement is supported by endorsement. In that view of the matter, civil application is allowed in terms of prayer Clause (B) and accordingly, the application is disposed off. ( S. G. CHAPALGAONKAR, J. ) asd