The New India Assurance Co Ltd v. Smt Sharda Ambadas Jaybhaye And 7 Others

{1} CIVIL APPLICATION NO. 2655 OF 2023 IN Sharada Ambadas Jaybhaye Applicants Vikas Bhagwan Bade & others Mr. R. B. Dhakane, advocate for the Applicants Heard rival submissions.

The applicants are seeking withdrawal of entire amount of compensation, which has been deposited by the appellant-Insurance Company.

The learned Counsel for the appellant-Insurance Company strongly opposed the application on the ground of non involvement of the alleged offending vehicle and exorbitant compensation.

However, it appears that applicants no.2 to 4 are minors and applicant no.5 is no more. Therefore, considering

{2} the amount of compensation granted by the learned Tribunal and the grounds raised in appeal, only applicants no.1 and 6 are permitted to withdraw their respective shares in the compensation amount along with proportionate interest accrued thereon, as determined by the learned Tribunal, on furnishing usual undertaking to the satisfaction of Registrar (J) of this Court. The remaining amount be invested in FDR, in any Nationalised Bank, on yearly renewal basis, till fnal disposal of this appeal.

The minor-applicants are at liberty to claim withdrawal of their respective shares on attaining majority. If such application is fled, same would be considered on its own merits.

Civil Application is disposed of.

{3} CIVIL APPLICATION NO. 15648 OF 2022 IN The New India Assurance Co. Ltd.

Applicant Smt. Sharda Ambadas Jaybhaye Mr. R. B. Dhakane, advocate for Respondents.

The applicant-Insurance Company is seeking condonation of delay of only 08 days.

Considering the short period of the delay, it stands condoned.

Appeal be placed for admission after removal of offce objections, if any.

Civil Application is disposed of.

{4} CIVIL APPLICATION NO. 15649 OF 2022 IN The New India Assurance Co. Ltd.

Applicant Smt. Sharda Ambadas Jaybhaye Mr. R. B. Dhakane, advocate for Respondents.

Since the appellant-Insurance Company has deposited entire amount of compensation along with interest, the application is made absolute in terms of prayer clause {B} and disposed of.