Renukabai Shivaji Chavan And ORS v. Reliance General Insurance Co. Ltd., Thr Its Manager And ANR

( 1 ) ca7400.20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 914 CIVIL APPLICATION NO.7400 OF 2020 IN FA/3243/2019 WITH CA/12057/2019 IN FA/3243/2019 RENUKABAI SHIVAJI CHAVAN AND ORS

VERSUS

RELIANCE GENERAL INSURANCE CO. LTD., THR ITS MANAGER AND ANR Mr.S.B. Choudhari, Advocate for the applicants. Mr.S.S. Patil, Advocate for respondent No.1.

Mr.S.B. Bhosale h/f. Mr.S.J. Salgare, Advocate for respondent No.2.

CORAM : N.J.JAMADAR, J.

DATE :

02.03.2021 PC :- 01.

Heard learned Counsel for the applicants and learned counsel for respondent No.1 - insurer. 02.

The applicant seeks withdrawal of the amount of compensation deposited by respondent No.1 - insurer in terms of judgment and award dated 10.05.2019 in MACP No.227 of 2016. The applicants are dependents of the deceased. There are avermenets in the application in justification of the prayer of withdrawal.

03.

Learned Counsel for respondent No.1 resisted the prayer on the ground that despite recording categorical finding that the deceased was responsible for the

( 2 ) ca7400.20 accident, the Tribunal has apportioned the blame in proportion of 75% and 25%, unjustifiably.

04.

In the backdrop of the aforesaid submissions and the observations in the impugned judgment, it may be expedient to allow the applicants to withdraw 50% of the amount deposited by respondent No.1.

Hence, following order :- The applicants are entitled to withdraw 50% of the amount deposited along with interest accrued thereon on furnishing undertaking to the satisfaction of the Registrar (Judicial) of this Court.

[N.J.JAMADAR,J.] snk/2021/MAR21/ca7400.20