Shailesh Kailas Jindal (Agrawal) v. The National Insurance Company Ltd Thr Its Branch Manager, Jalgaon And ORS

{1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO.570 OF 2017 National Insurance Company Ltd.

Appellant

Versus

Shailesh Kailas Jindal (Agrawal) & others Respondents WITH FIRST APPEAL NO.571 OF 2017 National Insurance Company Ltd.

Appellant

Versus

Shailesh Kailas Jindal (Agrawal) & others Respondents Mr.A.S.Usmanpurkar, advocate for the appellant Mr.S.B.Yawalkar, advocate for Respondent No.1. CORAM : M.S.SONAK, J.

DATE : 05th February, 2018.

P.C. :

Heard.

Admit. Expedite.

Mr.Yawalkar, advocate waives service of notice on behalf of Respondent No.1.

M.S.SONAK JUDGE adb

{2}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.11263 OF 2017 IN FIRST APPEAL NO.570 OF 2017 Shailesh s/o Kailash Jindal (Agrawal) Applicant

Versus

National Insurance Company Ltd. & others Respondents WITH CIVIL APPLICATION NO.11509 OF 2017 IN FIRST APPEAL NO.571 OF 2017 Shailesh s/o Kailash Jindal (Agrawal) Applicant

Versus

National Insurance Company Ltd. & others Respondents Mr.S.B.Yawalkar, advocate for the applicant. Mr.A.S.Usmanpurkar, advocate for Respondent No.1. CORAM : M.S.SONAK, J.

DATE : 05th February, 2018.

P.C. :

In this case, adoptive father and mother of the applicant, who is stated to be a practicing lawyer, have expired in the accident.

In the appeal, a serious dispute is raised as to issue of dependency. In these circumstances, it will not be appropriate to permit the applicant to withdraw amount of compensation. The applicant was stated to be 28 / 29 years of age at

{3} the time of demise of his parents. In the Claim Petition, his age was mentioned as 33 and there is no dispute that he is a practicing advocate.

Accordingly, both these Civil Applications are dismissed.

M.S.SONAK JUDGE adb