Sangita Appasaheb Misal And ORS v. Dwarkabai Appasaheb Misal And ORS
{1} CA 434 & 435.19
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 80 CIVIL APPLICATION NO.434 OF 2019 IN FAST/34364/2017 WITH CA/435/2019 IN FAST/34364/2017 DWARKABAI APPASAHEB MISAL AND ORS
VERSUS
THE NEW INDIA ASSURANCE CO. LTD., THR ITS AUTHORIZED SIGNATORY S.S. MAKHARE, AURANGABAD ...
Advocate for Applicants : Mr. R.V. Gore Advocate for Respondent No.1 : Mr. M. M. Ambhore Advocate for respondent No.5: Mr. S. V. Kulkarni Advocate for respondent Nos.7 to 10: Mr. P.B. Khedkar ...
CORAM : P.R. BORA, J.
Date: January 21, 2019 ...
PER COURT :- Heard learned counsel appearing for the applicants in these applications. Motor Accident Claims Tribunal has apportioned the amount of compensation as follows:
" 4.
Claimant No.1 Dwarkabai Appasaheb Misal shall get compensation of Rs.1,72,500/- (Rupees One Lakh Seventy Two Thousand & Five Hundred).
5.
Claimant No.2 Bhakti Appasaheb Misal is minor. An amount of Rs.1,00,000/- (Rupees One lakh) be invested in her name in any nationalized bank till she attains majority. 6.
Claimant No.(3) Kaushalyabai w/o Suryabhan Misal and (4) Suryabhan Khanduji Misal shall get Rs.1,00,000/- (Rupees One lakh) each.
{2} CA 434 & 435.19 7.
Respondent No.6 Sangita Appasaheb Misal shall get compensation of Rs.1,72,500/-(Rupees One Lakh Seventy Two Thousand & Five Hundred).
8.
Respondent No.(7) Rushikesh Appasaheb Misal, (8) Abhishek Appasaheb Misal and (9) Rameshwari Appasaheb Misal are minors. An amount of Rs.1,00,000/- (Rupees One Lakh) each be invested in their names in any nationalized bank till they attain majority. "
After having considered the submissions of learned counsel appearing for the parties, I deem it appropriate to allow the applicants to withdraw 75% of the amount falling to their share as has been done in the order of apportionment, on submitting undertaking to the satisfaction of the Registrar of this Court.
Since during pendency of the present appeal applicant Suryabhan Misal - original claimant No.4 has expired, 75% amount of his share be remitted in favour of original claimant No.3 Kaushalyabai. Civil Applications stand disposed of.
( P.R. BORA, J. ) vbd