Mangal Digambar Thorat And ORS v. The Manager Tata Aig General Insurance Co. Ltd., And ANR

14 ca.12677.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

14 CIVIL APPLICATION NO.12677 OF 2019 IN FA/378/2019 MANGAL DIGAMBAR THORAT AND OTHERS

VERSUS

THE MANAGER TATA AIG GENERAL INSURANCE CO. LTD., AND ANOTHER ...

Advocate for Applicants : Mr. Pravin S. Dighe. Advocate for Respondent No.1: Mr. S. S. Patil. Advocate for Respondent No.2: Mr. Y. H. Lagad, h/f Mr. R. R. Karpe. ...

CORAM :

SHRIKANT D. KULKARNI, J.

DATE :

21st March, 2022.

P.C.:

.

It is an application for withdrawal of compensation amount moved by the applicants/original claimants.

Heard Mr. Dighe, learned counsel for the applicants/claimants, Mr. S. S. Patil, learned counsel for respondent No.1/insurance company and Mr. Y. H. Lagad, holding for Mr. R. R. Karpe, learned counsel for respondent No.2.

Perused the impugned judgment and award passed in MACP No.207 of 2015. It is a death claim. The Tribunal was pleased to award compensation of Rs.9,10,000/- with interest at the rate of 9% per annum. The appellant/insurance company has deposited Rs.11,66,934/- in this Court including interest. Digambar Thorat who

14 ca.12677.19.odt happened to be husband of applicant No.1 met with motor vehicle accident and succumbed to injuries.

Having considered the defence raised by the insurance company and the fact of the case, I am convinced to allow the applicants/claimants to withdraw 75% amount of compensation with interest, which would meet ends of justice. Hence, the following order is passed:

O R D E R

I.

The application is hereby allowed as under:

II.

The applicants are permitted to withdraw 50% of the amount of compensation with interest on furnishing usual undertaking with the Registrar (Judicial) of this Court.

III.

The applicants are further permitted to withdraw 25% of the amount of compensation on furnishing solvent surety/surety to satisfaction of the Registrar (Judicial) of this Court.

IV.

The civil application is disposed of accordingly. [ SHRIKANT D. KULKARNI, J. ] nga