Adesh Ishwar Kale Thr U/G Ishwar Laxman Kale And ORS v. The Reliance General Insurance Co Ltd Through Its Branch Manager And ORS

2024:BHC-AUG:20193

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 9265 OF 2024 IN FAST/8808/2023 Adesh Ishwar Kale Thr U/g Ishwar Laxman Kale And Ors

VERSUS

The Reliance General Insurance Co Ltd Through Its Branch Manager And Ors WITH CIVIL APPLICATION NO. 5112 OF 2023 WITH FAST/8808/2023 Reliance General Insurance Co Ltd

VERSUS

Adesh Ishwar Kale Thr U/g Ishwar Laxman Kale And Ors *** • Mr. T. R. Quadri, Advocate for Applicants and for Respondent No. 1 in CA/5112/2023 • Mr. S. S. Patil h/f Mr. R. H. Dahat, Advocate for Respondent No. 1 in CA/9265/2024 & for Applicant in CA/5112/2023 ***

CORAM

: KISHORE C. SANT, J DATE : AUGUST 30, 2024 PER COURT :

ORDER IN CIVIL APPLICATION NO. 9265 OF 2024 1.

This application is for withdrawal of the amount deposited by the Appellant Insurance Company in this Court.

2.

Applicant is vehemently opposed by the learned

Advocate for the Appellant. He submits that the amount of compensation awarded by the Trial Court is much higher. Insurer is a boy hardly of 6 years of age, who sustained 75% disability. While calculating the compensation, the Court has considered the income of the father of the child and, therefore, has arrived at a figure which is much more than what could be granted in this case. He has also placed reliance on the judgment of this Court in case of Dada Prakash Shinde Vs. Balwan Singh and Anr, 2023 (4) ALL MR 584. 3.

Considering all above factors, this Court is inclined to partly allow application. Hence, application is allowed. Applicants are permitted to withdraw Rs. 7,00,000/- (Rupees Seven Lacs Only) out of total compensation amount along with accrued interest on furnishing undertaking that in case Appeal is allowed they shall redeposit the amount with interest within 12 weeks from such judgment.

ORDER IN CIVIL APPLICATION NO. 5112 OF 2023 4.

Since the amount of compensation is already

deposited in this Court, Application is allowed in terms of prayer clause 'B'.

ORDER IN FIRST APPEAL 5.

Appellant to take steps as regard Respondent No. 3.

6.

Stand over to 11th October, 2024.

(KISHORE C. SANT, J.)