Ranjana Shankar Chaste And ORS v. Reliance Insurance Co. Thr Its Br. Manager, Aurangabad And ORS

935.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 935 CIVIL APPLICATION NO. 11507 OF 2017 IN FA/1699/2017 RANJANA SHANKAR CHASTE AND ORS

VERSUS

RELIANCE INSURANCE CO. THR ITS BR. MANAGER, AURANGABAD AND ORS ...

Advocate for Applicants : Mr. Agrawal Pavankumar S. Advocate for Respondent No. 1 : Mr. A. S. Usmanpurkar

CORAM

: K. L. WADANE, J.

DATE :

21st September, 2017 ORDER:

1.

This is an application for withdrawal of amount of compensation deposited by the insurance company in this Court.

2.

Heard both the sides. The learned counsel representing the insurance company opposes the application on the ground that, the income of the deceased has not been properly considered. There were no proper deductions, considering the guidelines issued by the Apex Court in Sarla Varma's case, so also, the learned Tribunal has not deducted the amount of self expenses from the amount of compensation awarded on account of future prospects.

3.

Considering the objection raised by the insurance company, I am of the opinion, at least 50 % 1/2

935.odt amount of compensation can be paid to the claimants/applicants at this stage.

4.

Civil Application is allowed.

5.

Applicants are permitted to withdraw 50 % amount of compensation deposited in this Court.

6.

Civil Application is disposed of.

(K. L. WADANE, J.) mkd 2/2