Rekhabai Vilas Sonawane And ORS v. Icici Lombard General Insurance Co. Ltd., Thr Its Manager, Aurangabad And ANR

937(a)-CA-13595-2021.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 13595 OF 2021 IN FIRST APPEAL NO. 2816 OF 2021 Rekhabai Vilas Sonwane and others ... Applicants

Versus

ICICI Lombard General Insurance Co.Ltd.& Anr... Respondents ....

Mr. A. D. Pawar, Advocate for applicants Mr. S. S. Patil, Advocate for respondent No.1 ....

CORAM : R. G. AVACHAT, J.

DATED : 21st DECEMBER, 2021 PER COURT :- .

Heard.

2.

It appears that the deceased did not hold driving licence to drive any kind of vehicle on the day he died. The fact is however that he held his licence to drive Light Motor Vehicle earlier. The same was expired in 2010. The period of validity of that licence was from 1992 to 2010. Thereafter, in 2017, he applied for licence to drive Light Motor Vehicle. The said application was pending consideration when he breathed his last. It is a death claim. A sum of Rs.6,00,000/- (Rupees Six Lakh) with interest has been awarded as

(( 2 )) 937(a)-CA-13595-2021 compensation under the Employees' Compensation Act. The claimants are the widow and grown up two children. 2.

Without going into merits of the matter, this Court is inclined to permit the applicants to withdraw 50% of the amount under the impugned award with interest accrued thereon on furnishing usual undertaking to the satisfaction of the Registrar (Judicial) of this Court.

4.

There shall be no further withdrawal, pending the appeal.

5.

The civil application is accordingly disposed of. [ R. G. AVACHAT, J. ] SMS