Shriram Namdeo Ajbe And ORS v. M/S Shriram General Insurance Company Ltd, Sitapura Jaipur Thr Its Branch Manager A.Bad And ANR

59.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 59 CIVIL APPLICATION NO. 12642 OF 2017 IN FA/1355/2017 SHRIRAM NAMDEO AJBE AND ORS

VERSUS

M/S SHRIRAM GENERAL INSURANCE COMPANY LTD, SITAPURA JAIPUR THR ITS BRANCH MANAGE ...

Advocate for Applicants : Mr. Tarde Vivek V Advocate for Respondents Mr.:Mr.S. G. Chapalgoankar

CORAM

: K. L. WADANE, J.

DATE :

9th October, 2017 ORDER:

1.

Heard learned counsel for the applicants as well as learned counsel for the respondent Insurance company.

2.

This is an application filed by the applicants claimants for withdrawal of the amount of compensation deposited by the insurance company in this court. 3.

The learned counsel appearing for the respondent insurance company has opposed the application on the ground that the learned tribunal has awarded 100% amount towards future prospects so also yearly income of the deceased is wrongly considered by the learned tribunal.

4.

In view of the objection raised in the appeal, 1/2

59.odt I am of the opinion that at least Rs.8 lakhs can be paid to the applicants at this stage, since the award is in favour of the applicants/claimants.

Hence the applicants are allowed to withdraw Rs.8,00,000/- out of the amount deposited in this Court together with proportionate interest accrued thereon.

5.

Civil Application disposed of.

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