Shobha Laxmikant Dabhade And Others v. Icici Lombard General Insurance Co. Ltd. Thr Its Legal Officer

924 ca 15816.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 924 CIVIL APPLICATION NO. 15816 OF 2016 IN FA/3178/2015 WITH CA/5599/2015 IN FA/3178/2015 SHOBHA LAXMIKANT DABHADE AND OTHERS

VERSUS

ICICI LOMBARD GENERAL INSURANCE CO. LTD. THR LEGAL OFF. ...

Advocate for Applicants : Shinde Ganesh P.

Advocate for Respondents : R.H. Dahat and S. S. Patil ...

CORAM : V.K. JADHAV, J.

DATE : 20-01-2017.

P.C. :

1.

Heard both the sides. The learned counsel for the respondent-insurer submits that, the tribunal has awarded exorbitant amount of compensation under the head of loss of future income. The learned counsel submits that, the tribunal has considered the income of the deceased at Rs. 7,500/- per month instead of considering notional income @ Rs. 4,500/- per month. The learned counsel for the applicant submits that, at least the applicant may be permitted to withdraw at this stage the compensation to the extent considering the notional income. 2.

In view of the above submissions, the applicants are permitted to withdraw 50% of the amount deposited before this court on furnishing undertaking to the satisfaction of the Registrar (Judicial). Civil application is accordingly disposed of. (V.K. JADHAV) mub JUDGE