Faujiya Isa Aljilani And Others v. Cholamandalm Ms General Insurance Copnay Ltd Through Its Branch Manager

{1} CIVIL APPLICATION NO.13187 OF 2022 IN Chola Mandalam MS General Insurance Company Ltd.

Applicant Mr. A. S. Usmanpurkar, advocate for the Applicant Mr. P. C. Mayure, advocate for Respondents No.1 to 5 At the request of learned Counsel for the appellant-Insurance Company, issue fresh notice to Respondent No.8, returnable on 01.03.2023.

{2} CIVIL APPLICATION NO.17160 OF 2022 IN Applicants Chola Mandalam MS General Insurance Company Ltd. & others Mr. P. C. Mayure, advocate for the Applicants Mr. A. S. Usmanpurkar, advocate for Respondent No.1. Heard rival submissions.

The applicants are seeking withdrawal of entire amount of compensation, which has been deposited by the respondent-Insurance Company, who has fled this appeal. The learned Counsel for the RespondentInsurance Company strongly opposed the application on the ground that the deceased, in the instant matter, was in fact driving the auto rickshaw who gave dash to the stationary

{3} truck. However, the learned Tribunal, in its judgment, has observed that the entire negligence was on the part of the driver of that stationary truck who carelessly parked the same on the road itself. Moreover, in another matter, arising out of the same accident, this Court has already permitted the applicants therein to withdraw 50% of the compensation amount.

In view of the same, the applicants herein are permitted to withdraw 50% of the deposited amount along with proportionate accrued interest thereon by furnishing usual understanding 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.

Civil Application is disposed of.

{4} CIVIL APPLICATION NO.13188 OF 2022 IN Chola Mandalam MS General Insurance Company Ltd.

Applicant Mr. A. S. Usmanpurkar, advocate for the Applicant Mr. P. C. Mayure, advocate for Respondents No.1 to 5 Since the appellant-Insurance Company has deposited entire amount of compensation along with the interest, Civil Application is made absolute in terms of prayer clause "B" and is disposed of.