United India Insurance Company Ltd Through Branch Manager v. Megha Yogesh Takle

{1} CIVIL APPLICATION NO. 5601 OF 2023 IN Megha w/o Yogesh Takle & others Applicants Respondent Mr. S. B. Choudhari, advocate for the Applicant Mr. M. R. Deshmukh, 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 the learned Tribunal has granted exorbitant amount of compensation.

It is to be noted that the applicant no.2 is still minor and, therefore, only applicants no.1, 3 and 4 are hereby permitted to withdraw 50% of amount of compensation

{2} from their respective shares, as determined by the learned Tribunal, along with proportionate interest accrued thereon, on 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 final disposal of this appeal.

Civil Application is disposed of.

{3} CIVIL APPLICATION NO. 11639 OF 2023 IN Applicant Megha Yogesh Takle & others Respondents Mr. M. R. Deshmukh, advocate for the Applicant Mr. S. B. Choudhari, advocate for Respondents Leave to delete name of Respondent No.6-driver is granted since he is not the necessary party.

Heard rival submissions.

The applicant-Insurance Company is seeking condonation of delay of only 39 days which appears to be caused due to obtaining approvals at various stages. There is no strong objection from the respondents-claimants. Hence, by considering the statutory right of the applicant, delay of 39 days stands condoned.

{4} Appeal be placed for admission after removal of office objections, if any.

Civil Application stands disposed of.

{5} CIVIL APPLICATION NO. 11641 OF 2023 IN Applicant Megha Yogesh Takle & others Respondents Mr. M. R. Deshmukh, advocate for the Applicant Mr. S. B. Choudhari, advocate for Respondents Since the applicant-Insurance Company has deposited entire amount of compensation along with the interest, the application is made absolute in terms of prayer clause {B} and disposed of.