Shriram General Insurance Co. Ltd., Thr. Its Branch Manager, Nagpur v. Smt. Sitadevi Wd/O Jitaram @ Jitendra Panchariya And Others

(1) 38.caf.1190.2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.1190 OF 2023 IN FIRST APPEAL STAMP NO.24465 OF 2019 Shriram General Insurance Co. Ltd, Through its Branch Manager, Nagpur Vs.

Sitadevi wd/o Jitaram @ Jitendra Panchariya and others ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. Sudhir Pandey, Advocate h/f Mr. G. I. Dipwani, Advocate for appellant. Mr. P. R. Agrawal, Advocate for respondent Nos.1 to 5. CORAM :

URMILA JOSHI-PHALKE, J.

DATED : 27/04/2023 1.

This application is for seeking permission for withdrawal of the amount.

2.

The present application is filed by the respondent Nos.1 to 5 on the ground that they have lost their bread earner and now they have no source of income. Though award is passed in their favour, they have not received the compensation amount. They are in dire need of compensation amount.

3.

The said application is strongly opposed by the learned Advocate for the appellant on the ground that the compensation amount awarded is excessive and exorbitant one. Moreover, insurance company has raised some statutory defences.

4.

Heard both the sides. Perused the application.

(2) 38.caf.1190.2023 5.

Considering the grounds mentioned in the application and the objection raised, at this stage, it will be appropriate to permit the respondent Nos.1 to 5 to withdraw 75% of the amount along with accrued interest on usual undertaking, on due identification and verification.

6.

Out of 75% of the amount, the amount of Rs.2,00,000/- each be fixed in any Nationalized Bank in the names of respondent Nos.4 and 5, till they attain the age of majority. The balance amount be disbursed to the respondent Nos.1 to 3.

7.

Civil application is disposed of.

(URMILA JOSHI-PHALKE, J.) Sarkate SARKATE 15:18