Sandeep Suryekant Rachatwar And Others v. The United India Insurance Co.Ltd. And Another

1 CA 9843/2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 9843 OF 2015 in F.A. No. 1870 of 2014 Sandeep s/o Suryakant Rachatwar and others Applicants V E R S U S The United India Insurance Co.

Ltd., Divisional Office, Aurangabad and another Respondents Mr. S.P. Katneshwarkar, Advocate for the applicants CORAM : A. V. NIRGUDE, J.

DATE : 17th August, 2015 PER COURT :

1.

Heard the learned counsel for the applicants. 2.

Perused the Award which is confirmed in the First Appeal. As per the Award, four claimants were given different shares. They were allowed to withdraw the amount of compensation in particular percentage. The father of the deceased was allowed to withdraw an amount of Rs.50,000/- and remaining amount was distributed amongst the sons and mother of the deceased. After the Appeal was dismissed by this Court, it is reported that the father of claimant died. The question now arises as to what to do of the

2 CA 9843/2015 amount which was awarded to the father and which has not been withdrawn so far. This amount according to the remaining claimants who are legal representatives should be distributed equally amongst them. In view of this agreement, I have no hesitation to direct that an amount of Rs.50,000/- along with interest, if any, payable to the claimant Santram Digamber, should be equally distributed amongst the remaining claimants. The Civil Application stands allowed.

( A.V. NIRGUDE, J. ) SRM/17/8/15