Sakhubai Raosaheb Rakte And ANR v. Tata A.I.G Insurance Co. Ltd., Thr Its Div. Manager, Aurangabad And ORS

(1) 951 CA-7499.2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 951 CIVIL APPLICATION NO. 7499 OF 2019 IN FA/3261/2021 SAKHUBAI RAOSAHEB RAKTE AND ANOTHER

VERSUS

TATA A.I.G INSURANCE CO. LTD., THROUGH ITS DIV. MANAGER, AURANGABAD AND OTHERS ...

Mr. P.C. Mayure, Advocate for the applicants Mr. S.S. Patil, Advocate for respondent No.1. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

26 FEBRUARY 2025.

ORDER:- 1.

Heard rival submissions.

2.

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

3.

The learned counsel for the respondent Insurance Company strongly opposed the application on the ground that deceased was gratuitous passenger and therefore, Insurance Company is not liable for paying compensation. 4.

However, the Hon'ble Apex Court in latest judgment has already directed the Insurance Company for paying the compensation first and to recover the same by filing proceeding

(2) 951 CA-7499.2019.odt in the same matter against the owner of the offending vehicle. In view of the same and considering the quantum of compensation granted by learned M.A.C.T., the applicants are permitted to withdraw 75% of the deposited amount of compensation alongwith the proportionate interest accrued thereon till date, on usual undertaking to the satisfaction of the Registrar (Judicial) of this court.

5.

The remaining amount be kept in FDR 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.) VD_Dhirde