Meera Rajendra Bagal And ORS v. Icici General Insurance Company Ltd And ORS

931-CA-7376-2023

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 931 CIVIL APPLICATION NO. 7376 OF 2023 IN FIRST APPEAL NO. 297 OF 2023 MEERA RAJENDRA BAGAL AND OTHERS

VERSUS

ICICI GENERAL INSURANCE COMPANY LTD AND OTHERS ...

Mr. D.A. Bide - Advocate for Applicants Mr. A.G. Choudhari - Advocate for Respondent No.1 ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 11th July, 2023 PER COURT :

1.

Heard rival submissions.

2.

The applicants are seeking withdrawal of the entire amount of compensation, which has been deposited by the Insurance Company alongwith the interest accrued thereon. The applicant No.2 is still minor and therefore, there is no question of releasing compensation given to his share at this juncture.

3.

The learned Counsel for the Insurance Company strongly opposed the application on the ground that, the alleged offending vehicle was at all not involved in the Pooja K.

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931-CA-7376-2023 accident. However, it appears that despite calling the concerned witness who had allegedly told the registration number of offending vehicle to the investigating machinery, the Insurance Company did not examine him. Further, it appears that the learned Tribunal has not granted any amount on account of Future Prospects.

4.

In view of the same and considering the compensation granted by the learned Tribunal, the applicant Nos.1, 3 and 4 are only permitted to withdraw 75% of the compensation amount from their respective shares alongwith proportionate interest accrued thereon till date on furnishing usual undertaking to the satisfaction of the Registrar (Judicial) of this Court.

5.

The remaining amount be kept in F.D.R. in any nationalized Bank on yearly renewal basis till final disposal of this appeal.

6.

The civil application is accordingly disposed of. [ SANDIPKUMAR C. MORE, J. ] Pooja K.

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