Tata Aig General Insurance Compnay Limited Mumbai v. Vandana Santosh Sable

1 921 ca 1882-23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 921 CIVIL APPLICATION NO.1882 OF 2023 IN FA/2002/2022 WITH CA/11603/2022 IN FA/2002/2022 VANDANA SANTOSH SABLE

VERSUS

TATA AIG GENERAL INSURANCE COMPANY THROUGH BRANCH MANAGER JALNA BRANCH ...

Advocate for Applicants : Mr. V. B. Kulkarni Advocate for Respondent No.1: Mr. A. S. Usmanpurkar ....

CORAM :

SANDIPKUMAR C. MORE, J.

DATED : 23/03/2023.

P. C. :

A) ORDER IN CIVIL APPLICATION NO.1882 OF 2023 :

1.

Heard rival submissions.

2.

The applicants are seeking withdrawal of the entire amount of compensation, which has been deposited by the insurance company alongwith the interest accrued thereon. 3.

The learned counsel for the insurance company opposed the application on the ground that the learned Tribunal has granted excessive amount of compensation by not making proper deductions on account of income tax and professional tax from the salary of deceased. He also challenged the involvement of offending vehicle in the accident.

4.

However, it seems that applicant Nos.2 & 3 are still minor and considering the grounds raised by the appellant - insurance company for challenging the impugned award, at present, only the applicant No.1 is permitted to withdraw her share of compensation

2 921 ca 1882-23 as determined by the learned Tribunal alongwith the 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 fnal disposal of this appeal. 6.

The civil application is accordingly disposed of. B) ORDER IN CIVIL APPLICATION NO.11603 OF 2022 : Since the appellant - insurance company has deposited the entire amount of compensation in this application, the same is made absolute, in terms of prayer clause-B and disposed of. ( SANDIPKUMAR C. MORE, J. ) VS Maind/-