Gangabai W/O Anantrao Masal And ORS v. Tata Aig General Insurance Company Ltd And ORS

926-CA-7854-2023

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 926 CIVIL APPLICATION NO. 7854 OF 2023 IN FIRST APPEAL (ST) NO. 789 OF 2023 GANGABAI W/O ANANTRAO MASAL AND OTHERS

VERSUS

TATA AIG GENERAL INSURANCE COMPANY LTD AND OTHERS ...

Mr. N.U. Telgaonkar - Advocate for Applicants Mr. R.H. Dahat - Advocate for Respondent No.1 ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 10th August, 2023 PER COURT :

1.

Leave to correct the title of the application in respect of current age of applicant No. 4 - Nikita Anantrao Masal. 2.

Heard rival submissions.

3.

The applicants are seeking withdrawal of the entire amount of compensation, which has been deposited by the Insurance Company alongwith the interest accrued thereon. 4.

The learned Counsel for the Insurance Company opposed the application on the ground that, the learned Pooja K.

1/2

926-CA-7854-2023 Tribunal has granted exorbitant amount of compensation. 5.

In view of the same and considering the compensation granted by the learned Tribunal, the applicant Nos.1 to 3 and 5 are only permitted to withdraw 50% of the compensation amounts falling to their shares as determined by the learned Tribunal alongwith the proportionate interest accrued thereon till date on furnishing usual undertaking to the satisfaction of the Registrar (Judicial) of this Court.

6.

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

7.

The applicant No. 4 will be at liberty to seek withdrawal of compensation falling to her share on attaining majority. 8.

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

2/2