Bharti Ashok Bodkhe (Bari) And ORS v. The Divsional Manager, Bajaj Allianz General Insurance Co. Ltd., Thr Its Manager Aurangabad And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4624 OF 2018 IN FIRST APPEAL NO. 1424 OF 2017 Bharti Ashok Bodkhe (Bari) and others .. Applicants versus The Divisional Manager, Bajaj Allianz General Insurance Company Limited and another .. Respondents ---- Mr.A. I. Deshmukh, Advocate for applicants Mr. S. G. Chapalgaonkar, Advocate for respondent no. 1 CORAM :

SUNIL P. DESHMUKH, J.

DATE :

9th April, 2018 ORDER :

1.

Heard learned counsel for the parties.

2.

Learned counsel for the applicants submits that the family of the applicants is in dire need of compensation amount which is lying deposited in this court. Accident had taken place in 2013 and since then beyond no fault liability amount claimants have not received any further amount. Economic condition of the applicants' family is not sound and as such they are in need of amount for day to day living.

3.

Learned counsel for respondent -insurance company - appellant in first appeal, submits that the family of the applicants possesses agricultural lands and submits that the amount granted is excessive and would not be liable to be paid by insurer to the applicants. He submits, the amounts awarded under non pecuniary heads is on higher side having regard to decision in the case of National Insurance Company Limited v/s Pranay Sethi and others, reported in MANU/SC/1366/2017 : 2017 (3) SCALE 12, particularly in operative order under paragraph no. 61, specifically clause (viii) thereof.

4.

However, having regard to that the accident has taken place in 2013 and there is loss of earning member in the family and the need of the family not having been seriously disputed, it would be expedient to allow the application.

5.

As such, applicants are allowed to withdraw fifty per cent of the amount deposited in this court on furnishing undertaking to the satisfaction of the Registrar (Judicial) of this Court that if decision in the first appeal is adverse to the interest of the applicants, they shall pay back / deposit the amount being withdrawn under this order in this court within a period of three months from the date of decision in the appeal. Undertaking to be filed within a period of three weeks from today.

6.

Withdrawal of amount shall be in the same proportion as per apportion under the award and shall also be given treatment according to the and for the same purpose as under the award. 7.

Civil application is accordingly allowed and is disposed of. SUNIL P. DESHMUKH, JUDGE pnd