Smt Dewyani Yograj Yewale And ORS v. Bajaj Alliance General Insurance Company Ltd And ANR

2024:BHC-AUG:2080 30-CA-11819-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 11819 OF 2023 IN FA/1940/2023 SMT. DEWYANI YOGRAJ YEWALE AND OTHERS

VERSUS

BAJAJ ALLIANCE GENERAL INSURANCE COMPANY LTD AND ANOTHER ...

Advocate for Applicants : Mr. Karan V. Sarosiya holding for Mr. Satyajit S. Bora Advocate for Respondent No.1 : Mr. S. S. Sarda holding for Mr. M. R. Deshmukh ...

CORAM : S. G. MEHARE, J.

DATE : 25-01-2024 PER COURT :- 1.

Heard the learned counsel for the applicants and the learned counsel for respondent No.1/appellant.

2.

Applicant No.1/wife and applicants No.2 and 3/parents of the deceased had filed a motor accident claim petition. The learned Tribunal held all the applicants entitled to get compensation of Rs.18,67,400/- including the NFL amount along with interest @ 7% p.a. from date of institution of petition till the realization of entire amount.

3.

Learned counsel for the respondent/appellant Bajaj Alianz states that applicant No.3/the father was not dependent. He was also held dependent upon the deceased. Hence, the correct multiplier was applied. Therefore, the applicants are not entitled to withdraw the deposited amount of their share.

30-CA-11819-23.odt 4.

There appears a substance in the submission. However, the applicants No.1 and 2 /wife and the mother of the deceased were dependent, for the purpose of motor accident claim. Therefore, the application deserves to be partly allowed. Hence, the order; i) The application is partly allowed.

ii) Applicants No.1 and 2 / wife and mother of the deceased are permitted to withdraw 75% of their share from the deposited amount with proportionate accrued interest, on usual undertaking that they will deposit the amount, if the impugned judgment and award is reversed.

iii) The balance amount be deposited in the fixed deposit in any Nationalized Bank, till further orders.

( S. G. MEHARE ) JUDGE rrd Signed by: Rajesh Rameshrao Davane Designation: PA To Honourable Judge Date: 31/01/2024 20:30:13