Nanda Rajesh Dhonde And ORS v. The Div. Manager Shriram General Insurance Co. Ltd., And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 102 CIVIL APPLICATION NO.12282 OF 2018 IN FA/3122/2018 NANDA RAJESH DHONDE AND OTHERS

VERSUS

THE DIV. MANAGER SHRIRAM GENERAL INSURANCE CO. LTD., AND ANOTHER ...

Advocate for Applicants : Ms. Madhaveshwari D. Thube-Mhase Advocate for Respondent No.2 : Mr. S. G. Chapalgaonkar ...

CORAM : MANGESH S. PATIL, J.

DATE : 08.11.2019 PER COURT :- The applicants are the legal representatives of the deceased, are claiming withdrawal of the amount of compensation deposited by the respondent before the Commissioner.

2.

Learned advocate for the applicants submits that they may be allowed to withdraw the amount deposited by the respondentInsurance Company. 3.

Learned advocate for the respondent-Insurance Company points out that in fact the deceased though was injured during the course of the employment has committed suicide

102 ca 12282-18 .

subsequently and it is after his demise that the claim for compensation has been lodged. Therefore, at the most the applicants would be entitled to withdraw only the medical expenses, which has been quantifed at Rs.4,47,925/- by the Commissioner.

4.

Considering the peculiar state of afairs mentioned herein above when the claim has been lodged after demise of the deceased by his legal representatives in respect of an accident occurred while he was in the employment, it would be just and proper to allow the applicants to withdraw only amount of Rs.5,00,000/- (Rs. Five lakh).

5.

The applicants are allowed to withdraw the amount of Rs.5,00,000/- (Rs. Five lakh) deposited by the Insurance Company in the Ofce of the Commissioner. The application is accordingly allowed and disposed of.

(MANGESH S. PATIL, J.) vsm/-