Chandrbhaga Maruti Bhos And ORS v. The Branch Manager National Insurance Co Ltd Through Its Divisional

2024:BHC-AUG:13500 ( 1 ) ca4489.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 81 CIVIL APPLICATION NO. 4489 OF 2024 IN FAST/22017/2023 CHANDRBHAGA MARUTI BHOS AND ORS

VERSUS

THE BRANCH MANAGER NATIONAL INSURANCE CO LTD THROUGH ITS DIVISIONAL Ms.M.D. Deshmukh, Advocate for the applicants (through VC). Mr.S.V. Kulkarni, Advocate for respondent No.1.

CORAM

: KISHORE C. SANT, J.

DATED : 05.07.2024 PC :- 01.

By way of this application, the applicants have prayed for withdrawal of the amount deposited by the appellant insurance company in this Court. The applicants are original claimants. 02.

The application is opposed by the learned Advocate for the respondents. He submits that the deceased at the time of accident was 65 years of age. The learned Tribunal, however, wrongly applied multiplier of 7 instead of 5. Considering the proper multiplier, the amount would be around Rs.3,60,000/-. He thus opposes the application, saying that there are other grounds as well involved in the application.

03.

Considering the submissions, this Court is inclined to allow the application and the applicants are permitted to withdraw an amount of Rs.3,50,000/- (Rupees Three Lakhs Fifty Thousand Only) with accrued

( 2 ) ca4489.24 interest, deposited in this Court, on furnishing usual undertaking. 04.

The Civil Application is accordingly allowed and is disposed off. [KISHORE C. SANT, J.] snk/2024/JUL24/ca4489.24