Mandabai Ashok Mali And ORS v. The Oriental Insurance Co. Ltd., Thr Its The Div. Manager, Aurangabad And ORS

20-ca.6127-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.6127 OF 2021 IN FA/1648/2020 MANDABAI ASHOK MALI AND ORS

VERSUS

THE ORIENTAL INSURANCE CO. LTD., THROUGH ITS THE DIVISIONAL MANAGER, AURANGABAD AND ORS ---- Mr.A.S.Sawnt, Advocate for applicants Mr.M.K.Goyanka, Advocate for respondent no.1 ---- CORAM : R.G. AVACHAT, J.

DATE : JULY 14, 2021 ORDER :- Heard.

2.

Learned counsel for the applicants states that the Tribunal has not awarded any compensation to applicant no.3 - Vinay. He further states that applicant no.4 - Santosh has passed away and applicant nos.1, 2 and 5 are Class-I heirs of the deceased of applicant no.4. The Tribunal has already apportioned the amount of compensation.

3.

Learned counsel for respondent no.1 - insurance company submits that the deceased was negligent. Moreover, the compensation awarded has been on higher side.

20-ca.6127-21 4.

On considering the rival submissions advanced by learned counsel for the parties and after going through the impugned award, applicant nos.1, 2 and 5 are permitted to withdraw 50% of the amount awarded by the Tribunal and deposited in this Court along with the interest accrued thereon. 5.

The application is disposed of accordingly.

[R.G. AVACHAT, J.] KBP