Paru Chauvan @ Lamani And 3 ORS., v. Icici Lombard Motor Insurance Co. Ltd.,

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 232 OF 2018 IN FIRST APPEAL NO. 119 OF 2017 PARU CHAUVAN @ LAMANI AND 3 ORS., ... Applicants

Versus

ICICI LOMBARD MOTOR INSURANCE CO.

LTD., ... Respondent Adv. Vibhav Rajiv Amonkar for the Applicants. Adv. C. Fonseca for the Respondent.

Coram:- C. V. BHADANG, J.

Date:- 13th April 2018 P.C.:

This is an application for withdrawal of the amount of compensation. The respondent, Insurance Company has deposited an amount of Rs.32,86,264/- before this Court on 14/2/2018. The Appeal is essentially on the ground of quantum.

2. On hearing the learned counsel for the parties, I find that 50% of the compensation deposited before this Court can be permitted to be withdrawn. There were four claimants which includes the widow and the three sons of the deceased, out of which, the two sons, namely, the applicants nos. 2 and 3 have since attained majority. In such circumstances the following order is passed:

MCA/232/2018 Order:

(i) The Office shall permit withdrawal of Rs.4.00 lakhs to each of the applicants.

(ii) The share of the minor applicant no.4 shall be invested in a nationalized bank initially for a period of three years. The Fixed Deposit Receipt shall be handed over to the applicant no.1. (iii) The applicant no.1 shall be entitled to quarterly interest on the said investment to be applied towards the welfare of the applicant no.4.

(iv) The bank shall not permit the encashment of the deposit without the orders of the Court.

3. The Civil Application is disposed off.

C. V. BHADANG, J.

ap/-