Kushawarta Mahadeo Tate And ORS v. National Insurance Co Ltd Through Its Branch Manager And ORS

2025:BHC-AUG:1000 ca 13970.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 982 CIVIL APPLICATION NO. 13970 OF 2024 IN FA/2110/2024 Kushawarta Mahadeo Tate And Ors

VERSUS

National Insurance Co Ltd Through Its Branch Manager And Ors ...

Advocate for Applicant : Mr. K.N. Shermale a/w Sayyed Umair Pasha Abdul Quadar Advocate for Respondent 1 : Mr. Atul B. Gatne ...

CORAM : S. G. CHAPALGAONKAR, J.

Dated : January 10, 2025 PER COURT :- 1.

Heard learned advocates appearing for the respective parties.

2.

The applicants are seeking withdrawal of the amount deposited by the appellant-insurance company in pursuance to the conditional order passed on stay application and in consonance with the award passed by the Tribunal under the provisions of the Motor Vehicles Act.

3.

Undisputedly, deceased Mahadev lost life in motorvehicular accident dated 3.2.2019. The Tribunal on assessment of the evidence arrived at the findings that the Tractor driver was at fault. Consequently, fixed the liability to pay compensation of Rs.21,69,940/- against the owner, driver and insurer of the tractor. Aggrieved insurer is before this

ca 13970.24.odt Court in the First Appeal and assailing the Award on the ground of self negligence of the deceased while driving his motorcycle and assessment of the compensation by taking income of the deceased @ Rs.17,857/- p.m.

4.

In that view of the matter, when Award of the Tribunal is in favour of the claimants and when there is no dispute regarding accidental death of deceased, applicants are certainly entitled to withdraw part of the amount, subject to certain conditions. In that view of the matter, the application is partly allowed. The applicants are permitted to withdraw 50% amount of compensation deposited by the insurer on furnishing undertaking that they shall re-deposit the amount in case adverse order is passed in appeal alongwith interest @ 6% p.a. Undertaking to be filed within a period of six (6) weeks from today. Civil application is disposed off. ( S. G. CHAPALGAONKAR, J. ) ...

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