Pratibha Samadhan Suryawanshi @ Marathe And ANR v. Sbi General Insurance Co. Ltd. Mumbai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 926 CIVIL APPLICATION NO.4722 OF 2022 IN FA/2774/2021 PRATIBHA SAMADHAN SURYAWANSHI @ MARATHE AND ANOTHER

VERSUS

SBI GENERAL INSURANCE COMPANY LTD. MUMBAI ...

Mr.Shrikant S. Patil, advocate for applicants Mr.S.S. Patil, advocate for respondent no.1.

...

CORAM : S.G. DIGE, J.

DATE : 15th JUNE, 2022 PER COURT :- .

Heard the learned counsel for the applicants and respondent.

2.

The learned counsel for the applicants submits that the learned trial Court has awarded the compensation of around Rs.66,28,480/- along with 8% interest thereon. The appellant has deposited the said amount before this Court. The applicant no.1 is widow of deceased and the applicant no.2 is mother of the deceased. After death of deceased, there is no one to look after the applicants. They are facing financial crises. The amount is required for the medical treatment of applicant no.2. Hence requested to allow the applicants to withdraw the amount deposited by the appellant.

3.

The learned counsel for the respondent

no.1 submits the accident was occurred due to negligence of the deceased, hence Insurance Company is not liable to pay any compensation. Inspite of that the learned Tribunal has awarded the compensation. The order of the learned Tribunal is challenged in the appeal, hence till the decision of the appeal, the applicants cannot be permitted to withdraw the amount.

4.

I have heard both the learned counsel.

5.

Applicant no.1 is widow of the deceased and applicant no.2 is the mother of the deceased. They are facing financial crises due to death of deceased. They have no other source of income. The amount is required for day today activity as well as medical treatment of applicant no.2.

Hence I pass the following order :-

ORDER

(i) The Civil Application is allowed.

(ii) The applicant nos.1 and 2 are allowed to withdraw Rs.15,00,000/- (Rs. Fifteen Lakhs Only) each from the amount deposited by the appellant before this Court, subject to usual undertaking before the Motor Accident Claims Tribunal, Dhule. (iii) The amount which is allowed to be withdrawn be transmitted to the Motor Accident Claims Tribunal, Dhule for withdrawal.

(iii) The application is disposed of accordingly.

(S.G.DIGE, J.) SGA