Bajaj Allianz General Insurance Co. Ltd. Thr. Authorized Signatory, Nagpur Divisional Office, Ngp. v. Smt. Vaishali Wd/O Aashish Deshmukh And Others

21 CAF-301-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

C IVIL APPLICATION (F) NO.301 OF 2023 IN FIRST APPEAL NO.

OF [Bajaj Allianz General Insurance Co. Ltd. ..V/s.. Smt. Vaishali wd/o. Aashish Deshmukh and Ors.] ________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr D. N. Kukday, Advocate for Applicant/Appellant. Mr D. V. Darpurkar, Advocate for Respondent Nos.1 and 2. CORAM : URMILA JOSHI-PHALKE , J.

DATE : 6 th MARCH , 202 3 .

.

By this application, the claimants - respondent Nos.1 and 2 are seeking permission for withdrawal of 75% of the amount of Rs.8,09,035/- alongwth accrued interest.

2.

Said application is strongly opposed by the Mr Kukday, learned Advocate appearing for the appellant - Insurance Company. He invited my attention towards the order and award of the Court. While answering the issue No.3, it is held by the Tribunal that 90% liability of the respondent No.2 and 10% of the deceased. He submitted that the liability of insurance company is fixed only upto the 10%. As there is joint and several liability, he deposited the entire amount of compensation. Hence, application deserves to be rejected.

3.

Heard learned Advocate appearing for the parties and perused the application as well as award.

4.

There is no dispute that while answering issue No.3, the Tribunal has fixed the liability of the appellant - Insurance Company to the extent of 10%. While passing the operative part, it is further directed by the Tribunal that respondent Nos.1, 3, 6

21 CAF-301-2023 and 7 are directed to deposit the aforesaid amount in equal proportionate by issuance of cheque in the name of petitioner No.1 (respondent No.1 herein). The Insurance Company - appellant has already deposited the amount of Rs.8,34,035/-. The amount of Rs.1,00,000/- is already directed to be deposited in FDR in any Nationalized Bank in the name of minor claimant respondent No.2. So Registry is directed to comply by depositing Rs.1,00,000/- in FDR in the name of minor claimant - respondent No.2 out of the balance amount.

5.

Considering the grounds raised in the application and objection raised by the appellant - Insurance Company, it will be appropriate to permit the claimant respondent No.1 to withdraw 50% of the amount on usual undertaking stating that if this Court allows the appeal of the appellant - Insurance Company, she shall refund the amount to the appellant.

6.

Civil Application No.301 of 2023 is disposed of. FIRST APPEAL NO.852 OF2022.

7.

Record and Proceedings be called.

8.

Appellant to file private paper-book within eight weeks after receipt of record and proceedings.

9.

Appellant to take steps to serve the respondent Nos.3 and 4, whose notices are still awaited.

10.

Place the matter for final hearing after paper-book is filed, its verification and after service of notice upon respondent Nos.3 and 4.

JUDGE TAMBE ASHOKRAO TAMBE Personal Assistant to Hon'ble JUDGE