Manisha Ramkisan Sarwade And ORS v. Bhimashankar Channappa Lingdalli And ORS

942 ca 651.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 942 CIVIL APPLICATION NO. 651 OF 2017 IN FA/2988/2016 WITH CA/11052/2016 IN FA/2988/2016 MANISHA RAMKISAN SARWADE AND ORS

VERSUS

BHIMASHANKAR CHANNAPPA LINGDALLI AND ORS ...

Advocate for Applicants : Dhage Babasaheb V.

Advocate for Respondents : R. H. Dahat & S. S. Patil For R/3 ...

CORAM : V.K. JADHAV, J.

DATE : 20-01-2017.

P.C. :

1.

Heard both the sides. The learned counsel for the applicants submits that, the applicants are poor persons and they have no independent source of income.

2.

The learned counsel for the respondent-insurer submits that, the tribunal has considered the income of deceased at Rs. 9,000/- and granted exorbitant amount of compensation. The learned counsel submits that, at the most the tribunal ought to have awarded the compensation by considering the notional income of deceased at Rs. 4,500/-.

3.

In view of the above submissions, the applicant nos. 5 and 6 are permitted to withdraw an amount of Rupees One Lakh and Rupees Fifty Thousand respectively and the applicant no.1 is permitted to withdraw an amount of Rupees Four Lakhs on

942 ca 651.17.odt furnishing undertaking to the satisfaction of the Registrar (Judicial). Civil application is accordingly disposed of. (V.K. JADHAV) JUDGE mub