Ganesh Rambhau Choudhary Through His Next Friend Rekha Ganesh Choudhary v. Rajkumar Babulal Yadav And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 917 CIVIL APPLICATION NO.7365 OF 2023 IN FIRST APPEAL NO.3151 OF 2022 GANESH RAMBHAU CHOUDHARY THROUGH HIS NEXT FRIEND REKHA GANESH CHOUDHARY

VERSUS

RAJKUMAR BABULAL YADAV & OTHERS ...

Advocate for the applicant : Mr.A.T.Kanawade Advocate for Respondent no.3 : Mr.S.S.Rathi ...

CORAM :ARUN R. PEDNEKER, J.

DATE :02.08.2023 P.C. :

1] The present Civil Application is filed to permit the present applicant to withdraw the amount of compensation, deposited in this Court by the appellant Insurance Company.

2] Heard the learned counsel for the parties. The Insurance company has challenged the award of compensation of Rs.24,60,895/- in favour of the claimant. The Insurance Company has challenged the award on two

counts, namely, total quantum of compensation, so also, contributory negligence.

3] On 16.06.2022, the Member, Motor Accident Claims Tribunal, Aurangabad has passed following order in MACP No.64 of 2018 :

ORDER

1.

The Petition is partly allowed.

2.

Opponents no.1 to 3 are liable to pay the compensation amount Rs.24,60,895/- (Rupees Twenty Four Lakhs Sixty Thousand Eight Hundred Ninety-Five Only) including the NFL amount of Rs.25,000/- to the petitioner with interest thereon at the rate of interest 7.5% per annum from the date of this application till realization of entire amount.

4.

The petitioner to pay deficit court fee, if any, before the disbursement of the compensation.

5.

Opponents shall pay the proportionate costs to petitioner and bear their own.

6.

Award be drawn accordingly.

4] If the Insurance company'

s appeal is accepted, the amount of compensation that would be received by the

injured would not be less than Rs.10,00,000/-. In view of the same, the following order is passed :

ORDER

i] The applicants are permitted to withdraw the amount of Rs.6,00,000/- along with interest accrued thereon. Undertaking to be filed by the wife of the applicant as the applicant is not in a position to travel. The amount to be disbursed in the name of the applicant.

ii] Civil Application is disposed of accordingly. [ARUN R. PEDNEKER] JUDGE DDC