Vithal Namdeo Bankar Died Through Lrs Sunil Vithal Bankar And ORS v. The Divisional Manager, United India Insurance Company Ltd. And ORS

2024:BHC-AUG:9143 913-CA-4402-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4402 OF 2024 IN FAST/14382/2023 VITHAL NAMDEO BANKAR DIED THROUGH LRS SUNIL VITHAL BANKAR AND OTHERS

VERSUS

THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE COMPANY LTD. AND ORS ...

Advocate for Applicant : Mr. Sudam Wamanrao Jawale Advocate for Respondent No.1 : Mr. S. S. Sarada holding for Mr. M. R. Deshmukh ...

WITH CIVIL APPLICATION NO. 5910 OF 2023 IN FAST/14382/2023 WITH CIVIL APPLICATION NO. 5911 OF 2023 IN FAST/14382/2023 ...

CORAM : S. G. MEHARE, J.

DATE : 26-04-2024 PER COURT :- 1.

Heard the learned counsel for the applicants and the learned counsel for respondent No.1.

2.

The deceased died three years after the accident. Learned counsel for respondent No.1 submits that it was a case of head on collision.

3.

Learned counsel for the applicants submits that the award is granted only for medical expenses for the period of hospitalization and medication spent immediately after the accident. 4.

Considering the submissions, the following order is passed:-

ORDER

i) Civil Application No.4402 OF 2024 is allowed.

913-CA-4402-24.odt ii) The applicants are allowed to withdraw the amount of compensation with accrued interest deposited with this Court on the condition that they would deposit the amount, if the impugned judgment and award is reversed. iii) Stand over to 06.08.2024.

( S. G. MEHARE ) JUDGE rrd