Sahil Sarfaraj Shaikh Real Mother Amina Sarfaraj Shaikh And Others v. The Divisional Manager Reliance General Insurance Co Ltd

CA 8006/23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 934 CIVIL APPLICATION NO.8006 OF 2023 IN FAST/18758/2023 WITH CA/8007/2023 IN FAST/18758/2023 WITH CA/ 13538/2023 IN FAST/18758/2023 THE DIVISIONAL MANAGER RELIANCE GENERAL INSURANCE CO LTD

VERSUS

SAHIL SARFARAJ SHAIKH AND 8 OTHERS ...

Advocate for Applicant : Mr. A.S. Usmanpurkar Advocate for Respondents 1 to 5 : Mr. G.J. Kore Advocate for Respondent 7 : Mr. S.S. Rathi ...

CORAM : ARUN R. PEDNEKER, J.

DATED : 01/12/2023 PER COURT :

1.

Present appeal is filed by the Insurance Company on the ground of quantum of compensation and contributory negligence. Ad-interim stay is granted by this Court subject to deposit of entire amount of compensation. 2.

Civil Application No. 13538/2023 is filed for withdrawal of amount by the widow, two minor children and parents of the deceased. 3.

Having heard the learned counsel for the parties, without going into the merits of the matter, I deem it appropriate to permit the widow and parents of the deceased to withdraw 60% of the compensation amount apportioned to their share along with the proportionate interest accrued thereon till date on furnishing usual undertaking to the satisfaction of the Registrar Judicial of this Court. The remaining amount be invested in F.D.R. in any nationaized bank on yearly renewal basis till final disposal of the appeal. Civil Application for withdrawal of amount is disposed of accordingly.

4.

Since the appellant Insurance Company has deposited amount of

CA 8006/23 compensation as directed by this Court, the ad-interim stay granted earlier is confirmed. Stay application is disposed.

5.

Appellant to take steps against the unserved respondents within six weeks.

6.

List the matter on 19.1.2024.

[ARUN R. PEDNEKER J.] ssc/