Anil Karbhari Avhad And ANR v. Hdfc Ergo General Insurance Co. Ltd., Thr Its Branch Manager, Aurangabad And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

908 CIVIL APPLICATION NO.1894 OF 2022 IN FAST/19014/2020 ANIL KARBHARI AVHAD AND ANOTHER

VERSUS

HDFC ERGO GENERAL INSURANCE CO. LTD., THROUGH ITS BRANCH MANAGER, AURANGABAD AND ANOTHER ...

Advocate for Applicants : Mr. Sartaj H. Pathan. Advocate for Respondent No.1: Mr. S. G. Chapalgaonkar. ...

CORAM :

SHRIKANT D. KULKARNI, J.

DATE :

17th February, 2022.

P.C.:

.

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

Heard Mr. Sartaj Pathan, learned counsel for applicants and Mr.Chapalgaonkar, learned counsel for respondent No.1/insurance company.

Mr. Pathan, learned counsel submits that the applicants are old aged parents and they may be allowed to withdraw 100% of the compensation amount.

Per contra, Mr. Chapalgaonkar, learned counsel for respondent No.1/insurance company submits that the insurance company has preferred this appeal mainly on two grounds. First, it is a case of

contributory negligence and the Tribunal has not considered that aspect and secondly, it is a death of a bachelor son of parents and the Tribunal has committed an error in deducting 1/3rd amount while making calculation of compensation. Therefore, Mr. Chapalgaonkar, learned counsel for respondent No.1/insurance company submits that the claimants may be permitted at the most 50% of the compensation amount awarded by the Tribunal.

Having regard to the submissions of the learned counsel for applicants and the learned counsel for respondent No.1/insurance company and looking to the grounds raised in the appeal memo, it would be just and proper to allow the applicants to withdraw 50% of the amount of compensation deposited by the insurance company, which would meet the ends of justice. Hence, the following order is passed:

O R D E R

I.

Applicant Nos.1 and 2 are hereby allowed to withdraw 50% of the compensation amount with accrued interest thereon on furnishing usual undertaking with the Registrar (Judicial) of this Court.

II.

The 50% amount of compensation shall be invested in fixed deposit account in any nationalized bank.

III.

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