Shrimati Sonali Pokle And ORS v. National Insurance Company Ltd And ORS

{1} CIVIL APPLICATION NO. 8596 OF 2023 IN Shrimati Sonali Pokle & others Applicants National Insurance Company Ltd.

and others Mr. N. C. Garud, advocate for the Applicants Mr. A. S. Usmanpurkar, advocate for Respondent No.1. Heard rival submissions.

The applicants are seeking withdrawal of entire amount of compensation, which has been deposited by the appellant-Insurance Company.

The learned Counsel for the appellant-Insurance Company strongly opposed the application on the ground that without there being any evidence on record, the learned Tribunal determined monthly income of the deceased to the tune of Rs.30,000/- only by relying upon the Shop Act License and Driving License. He also pointed out that there was breach of policy

{2} condition. It is signifcant to note that the applicants no.2 and 3 are still minors and, therefore, their amount of compensation cannot be released till they attain majority. Under such circumstances, only applicants no.1, 4 and 5 are permitted to withdraw 50% amount of compensation from their respective shares, as determined by the learned Tribunal along with proportionate interest accrued thereon by furnishing usual undertaking to the satisfaction of Registrar (J) of this Court. The remaining amount be invested in FDR, in any Nationalised Bank, on yearly renewal basis, till fnal disposal of this appeal. The direction of learned Tribunal for withdrawing the interest amount on the shares of minor applicants no.2 and 3 for their well being, by applicant no.1, is continued as it is. Civil Application is disposed of.

{3} CIVIL APPLICATION NO. 2027 OF 2023 IN National Insurance Co. Ltd.

Applicant Smt. Sonali Mohan Pokle & others Mr. A. S. Usmanpurkar, advocate for the Applicant Mr. N. C. Garud, advocate for Respondents.

The applicant-Insurance Company is seeking condonation of delay of only 45 days.

Considering the short period of the delay, it stands condoned.

Appeal be placed for admission after removal of offce objections, if any.

Civil Application is disposed of.

{4} CIVIL APPLICATION NO. 2028 OF 2023 IN National Insurance Co. Ltd.

Applicant Smt. Sonali Mohan Pokle & others Mr. A. S. Usmanpurkar, advocate for the Applicant Mr. N. C. Garud, advocate for Respondents.

Since the appellant-Insurance Company has deposited entire amount of compensation along with interest, the application is made absolute in terms of prayer clause {B} and disposed of.