The New India Assurance Co Ltd v. Tikaram Bahgwan Chavan And Others

1 936 ca 874-23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 936 CIVIL APPLICATION NO.874 OF 2023 IN FA/2809/2022 WITH CA/13859/2022 IN FA/2809/2022 TIKARAM BHAGWAN CHAVAN AND OTHERS

VERSUS

NEW INDIA ASSURANCE COMPANY LTD AND OTHERS ...

Advocate for Applicants : Mr. A. S. Gandhi Advocate for Respondent No.1 : Mr. S. V. Kulkarni ....

CORAM :

SANDIPKUMAR C. MORE, J.

DATED : 23/03/2023.

P. C. :

A) ORDER IN CIVIL APPLICATION NO.874 OF 2023 :

1.

Heard rival submissions.

2.

The applicants are seeking withdrawal of the entire amount of compensation, which has been deposited by the appellantinsurance company alongwith the interest accrued thereon. 3.

The learned counsel for the insurance company opposed the application on the ground that there was breach of policy condition and the learned Tribunal has granted excessive amount of compensation by holding the income of deceased to the tune of Rs.10,000/- per month without any supporting documentary evidence.

4.

Considering the grounds raised by the appellant - insurance company for challenging the impugned award, the applicant Nos.1 & 2 at present are only permitted to withdraw their shares from the amount of compensation as determined by the learned Tribunal

2 936 ca 874-23 alongwith the proportionate interest accrued thereon till date on usual undertaking to the satisfaction of the Registrar (Judicial) of this Court.

5.

The remaining amount falling to the shares of applicant Nos.3 to 5 be kept in FDR in any nationalized Bank on yearly renewal basis till fnal disposal of this appeal.

6.

The said applicants will be at liberty to claim withdrawal of the aforesaid amount only after attaining majority. 7.

The civil application is accordingly disposed of. B) ORDER IN CIVIL APPLICATION NO.13859 OF 2022 : Since the appellant - insurance company has deposited the entire amount of compensation, the application is made absolute, in terms of prayer clause-B and disposed of.

( SANDIPKUMAR C. MORE, J. ) VS Maind/-