Rukhmanbai Kanuba Banswal And ORS v. United India Insurance Co. Ltd Thr Divisional Manager And ORS

C.A.No.11657-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD 27 CIVIL APPLICATION NO.11657 OF 2021 IN FA/1071/2012 WITH CA/7783/2012 IN FA/1071/2012 RUKHMANBAI KANUBA BANSWAL AND ORS

VERSUS

UNITED INDIA INSURANCE CO. LTD THR DIVISIONAL MANAGERAND ORS.

Mr A.M. Inamdar, Advocate h/f Mr S.S. Kazi, Advocate for applicant Mr Swapnil Dargad, Advocate h/f Mr S.G. Chapalgaonkar, Advocate for respondent no.1 CORAM : SHRIKANT D. KULKARNI, J..

DATE : 25th October, 2021 PER COURT :

1.

It is an application for withdrawal of amount moved by the applicants/original claimants who happened to be the parents of deceased son who met with an accident and died on 30.5.2008. 2.

Heard Mr A.M. Inamdar, learned Counsel holding for Mr S.S. Kazi, learned Counsel for applicants/original claimants and Mr Swapnil Dargad, learned Counsel holding for Mr S.G. Chapalgaonkar, learned Counsel for respondent no.1/Insurance Company. None present for respondent no.2. 3.

Perused the judgment and award dated 10.2.2012, passed in M.A.C.P. No.873/2008 by the Member, M.A.C.T., Aurangabad. 4.

The Tribunal was pleased to award compensation of Rs.1,71,500/- inclusive of N.F.L. amount to the applicants/original claimants with interest @ 8% p.a. The respondent no.1/Insurance Company has deposited Rs.2,14,142/- (inclusive of N.F.L. amount) and interest with the registry of this Court.

C.A.No.11657-2021 5.

The applicants happened to be the parents of the deceased. It is the death claim and that too of the year 2008. The applicants are entitled to withdraw the amount to the extent of 60% deposited by the Insurance Company, on furnishing usual undertaking as per practice with the Registrar (Judicial) of this Court. That would meet the ends of justice. With this, I conclude and proceed to pass the following order :

ORDER

(i) The applicants are hereby permitted to withdraw the amount of compensation to the extent of 60% deposited by respondent no.1/Insurance Company in this Court, on furnishing usual undertaking with the Registrar (Judicial) of this Court.

(ii) The Registrar (Judicial), after accepting the undertaking may proceed to make payment to the applicants to the extent of 60% to the applicants/original claimants. (iii) Civil Application is allowed and disposed of accordingly.

( SHRIKANT D. KULKARNI, J.) vvr