Kalawatibai Manika Satpute And ANR v. The Shriram General Insurance Co. Ltd., And ORS

4-CA-14574-19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 14574 OF 2019 IN FIRST APPEAL NO. 3908 OF 2019 Kalawatibai Manik Satpute and Another ..APPLICANTS

VERSUS

The Shriram General Insurance Co. Ltd.

And Others ..RESPONDENTS ....

Mr. V.B. Dhage, Advocate for applicants Mr. V.N. Upadhye, Advocate for respondent nos. 1 and 2 ....

CORAM : R.G. AVACHAT, J.

DATE : 02nd AUGUST, 2021 PER COURT :

1.

Heard. Perused the impugned award.

2.

Learned counsel for the insurance company strongly objects for withdrawal of amount.

3.

The deceased was travelling in a goods vehicle. The tribunal has, however, accepted the case of the claimants that the deceased was cleaner of the vehicle and granted compensation assuming his monthly salary Rs.3,500/-.

1 / 2

4-CA-14574-19.odt 4.

In view of above, the applicants are permitted to withdraw 70% of the amount deposited in this Court under award. The amount to be paid to the applicants be transferred to the Motor Accident Claims Tribunal, Nanded for being paid there. Out of the said amount, 50% amount be paid on submitting an undertaking to the satisfaction of the tribunal and 20% on furnishing solvent surety/security/bank guaranty in the like amount. Balance 30% amount be invested in fixed deposit in any nationalised bank till disposal of the appeal. The papers that would be submitted regarding furnishing solvent surety/security/bank guaranty be transmitted to this Court on payment of amount to the applicants. Civil application stands disposed of accordingly.

( R.G. AVACHAT, J. ) SSD 2 / 2