I.C.I.C.I. Lombard Insurance Company Ltd. Mubmai Thr. Legal Manager Ashay Mahajan v. Afsana Sheikh W/O. Sheikh Rashid And Others

1 caf4105.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 4105 OF 2016 IN FIRST APPEAL NO. 880 OF 2016 (ICICI LOMBARD INSURANCE CO. LTD....VS.. AFSANA SHEIKH SHEIKH RASHID & OTH.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R.D.Bhuibhar, advocate for appellant.

Shri V.R.Thote, advocate for respondent Nos. 1 & 2. CORAM : Z.A.HAQ, J.

DATED : JANUARY 16, 2017.

Considering the fact that the Tribunal has held that the claimant No.1-mother of the deceased is entitled for Rs.4,81,000/- and claimant No.2 (father of the deceased) is entitled to Rs.50,000/- towards compensation along with interest and proportionate costs and further considering the age of the claimants, in my view the interests of justice would be sub-served by permitting the claimants to withdraw the interest on the amount deposited by the appellant/ Insurance Company. The interest which has accrued on the amount deposited by the appellant/ the Insurance Company shall be given to the claimants in the proportion of 90 : 10. The claimant No.1 be given 90% of the amount of interest henceforth every three months and claimant No.2 shall be given 10% of the interest every three months. This arrangement shall be continued until further orders. The civil application is disposed in the above terms.

JUDGE RRaut..