Rekha Rahul Shirsath And Others v. M/S.Shriram General Insurance Company Ltd. And Others

954.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 954 CIVIL APPLICATION No. 6808/2015 IN FA/1397/2015 REKHA RAHUL SHIRSATH AND OTHERS

VERSUS

M/S.SHRIRAM GENERAL INSURANCE COMPANY LTD.

...

Advocate for Applicants : Mr. Patil Mahesh H. Advocate for Respondent No. 1 : Chapalgaonkar S.G. Advocate for Respondent No. 5 : Mr. M.P. Gude & J.P. Reddy.

CORAM

: K. L. WADANE, J.

DATE :

31st August, 2017 ORDER:

1.

This is an application for withdrawal of compensation amount deposited by the Insurance Company/Appellant in this Court.

2.

Mr. Chapalgaonkar, learned counsel for Insurance Company/appellant has objection to pay the amount mainly on the grounds that, the vehicle involved in the accident is a private vehicle and it was used for carrying passengers on hire and reward. Secondly, the income of the deceased was considered to be at a higher side and he was a businessman, therefore 50 % addition in the amount of income in respect of future prospects is not permissible.

3.

Considering the objections raised by Mr. Chapalgaonkar, I am of the opinion that, at present 1/2

954.odt Award is in favour of the claimants. In view of the above and considering the object of awarding compensation under Motor Vehicles Act, at least 50 % amount can be paid to the claimants/applicants. 4.

Mr. Chapalgaonkar, learned counsel for the respondent No. 1 submits that, the Insurance Company has deposited an amount of Rs. 14,61,999/-. Hence, out of the amount, the claimants/applicants are permitted to withdraw 50 % amount of compensation along with interest on the undertaking that, in case, adverse orders are passed in the appeal, the applicants/claimants shall deposit the entire amount which they have withdrawn within a period of 12 weeks. 5.

Civil application is disposed of.

(K. L. WADANE, J.) mkd 2/2