Pallavi Wd/O Ravindra Suryawanshi And ORS v. The Oriental Insurance Co.Ltd And ANR

2024:BHC-AUG:5360 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 7 CIVIL APPLICATION NO.14542 OF 2023 IN FAST/14391/2023 PALLAVI WD/O. RAVINDRA SURYAWANSHI AND OTHERS VS THE ORIENTAL INSURANCE CO. LTD AND ANR Mr. A. S. Gandhi, Advocate for the applicants Mr. M. D. Shinde, Advocate for respondent CORAM :

S. G. MEHARE, J.

DATE :

08th MARCH, 2024 P. C.

1.

Heard respective counsels for the parties.

2.

Learned counsel for the respondent opposes the application contending that there is in ordinate delay in lodging the FIR and in the FIR no vehicle number is mentioned. 3.

Per contra learned counsel for the applicants submits that during the course of the investigation vehicle number was detected. There was sufficient material before the court to view that offending vehicle ensured with the appellant was involved

(2) in the accident. The applicants are the minor children and the parents of the deceased. Learned tribunal has appreciated the evidence and recorded the findings. Hence, the following order:-

ORDER

i] The application is partly allowed.

ii] Applicants are allowed to withdraw 75% of the amount deposited with this court with accrued interest on undertaking by the mother for herself and minor child and parents shall file their independent undertaking that they would deposit the amount, if the judgment and award is reversed. iii] Entire share of the minor son be deposited in a fixed deposit in any nationalized bank as per choice of mother till he attain the majority under the guardianship of his mother who will have a right to receive interest at quarterly rests.

(3) iv] 50% of the amount to be paid to the wife shall be deposited in fixed deposit in any national bank of her choice for five years with a right to receive the accrued interest at quarterly rests.

[S. G. MEHARE, J.] VishalK/7ca14542.23