The New India Insurance Now Assurance Through Divisional Manager v. Smt Seklabai Ugranya Valvi (Vasave)

{1} CIVIL APPLICATION NO. 64 OF 2023 IN Applicants Respondent Mr. P. C. Mayure, advocate for the Applicants Mr. M. R. Deshmukh, advocate for Respondent No.1. Heard rival submissions.

The applicants are seeking permission to bring legal representatives of original respondent no.6-claimant Shivlibai Handya Valvi on record by condoning delay of 178 days. Admittedly, Shivlibai died on 09.04.2022. However, considering the right to defend, Civil Application stands allowed in terms of prayer clauses "B" and "C". The appellant-Insurance Company to carry out the

{2} amendment forthwith.

Civil Application is disposed of.

{3} CIVIL APPLICATION NO. 63 OF 2023 IN Applicants Respondent Mr. P. C. Mayure, advocate for the Applicants Mr. M. R. Deshmukh, advocate for Respondent No.1. Heard rival submissions.

The applicants are seeking permission to withdraw entire amount of compensation which the appellantInsurance Company has deposited in this Court. The learned Counsel for the appellant-Insurance Company has strongly opposed the application on the ground that the learned Tribunal has granted exorbitant amount of compensation and also ignored contributory negligence of the

{4} deceased.

Be that as it may. Out of the applicants, applicants no.4 and 5 are still minors and they are granted with compensation of Rs.9,00,000/- (Rs. Nine lakhs) each by the learned Tribunal. Under such circumstances, only applicants no.1 to 3 and the legal representatives of applicant no.6 can be permitted to withdraw the compensation amount to certain extent along with proportionate interest. In view of the same, applicant no.1 is permitted to withdraw an amount of Rs.9,57,000/- (Rs. Nine lakhs Fifty seven thousand) along with proportionate interest accrued thereon till date.

The applicants no.2 and 3 are permitted to withdraw an amount of Rs.4,50,000/- (Rs. Four Lakhs Fifty thousand) each along with proportionate interest accrued thereon till date.

The legal representatives of applicant no.6 are permitted to withdraw an amount of Rs.2,00,000/- (Rs. Two lakhs) each along with the proportionate interest accrued thereon till date.

{5} The applicants shall furnish usual undertaking to the satisfaction of Registrar (J) of this Court while withdrawing their respective amounts.

The remaining amount be kept in FDR in any Nationalised Bank on yearly renewal basis till fnal disposal of this appeal. Applicants no.4 and 5, on attaining majority, will be at liberty to seek withdrawal of 50% of the amount falling to their share.

Civil Application is accordingly disposed of.

{6} CIVIL APPLICATION NO. 6655 OF 2022 IN Applicant Respondents Mr. M. R. Deshmukh, advocate for the Applicant Mr. P. C. Mayure, advocate for Respondents No.1 to 6. Since the applicant-Insurance Company has deposited entire amount of compensation along with interest, Civil Application is made absolute in terms of prayer clause "B".

Civil Application is disposed of.

{7} Appellant Respondents Mr. M. R. Deshmukh, advocate for the Appellant Mr. P. C. Mayure, advocate for Respondents No.1 to 6. The learned Counsel for the claimantsrespondents waive service for respondents no.1 to 6. Respondent No. 7 is already served.

Call Record and Proceedings.