Mahesh Ramnath Naik And 3 ORS v. Bajaj Allainz General Insurance Co. Ltd., Thr. Its Aut. Sign., Irfan Shaikh And ANR

03-MCA-142-2021.DOC Andreza

IN THE HIGH COURT OF BOMBAY AT GOA

MISC. CIVIL APPLICATION NO. 142 OF 2021 IN FIRST APPEAL NO. 121 OF 2019 Mahesh Ramnath Naik & 3 Ors.

... Applicants

Versus

Bajaj Alli8anz General Insurance Co.Ltd.

Thr. Its Aut. Sign. Irfan Shaikh & anr.

...Respondents

Mr. H. D. Naik, Advocate for the Applicant.

Mr. P. Shirodkar, Advocate for the Respondents.

CORAM:

C. V. BHADANG, J DATED:

19 April 2022 P.C.

1.

This is an application for withdrawal of part of the compensation deposited by the original appellant-Insurance Company. The compensation is granted in respect of death of the wife of the Applicant no.1 in a vehicular accident. The second and third Applicants are respectively the daughter and the son of the Applicant. The ground is that the daughter has attained majority and is of a marriageable age and provision has to be made for her marriage. 2.

A perusal of the impugned award passed by the Tribunal shows that the Tribunal had permitted the Applicant no.1 to withdraw an amount of ₹ 5,00,000/-.

3.

After hearing the learned Counsel for the parties and considering the circumstances as mentioned above, a withdrawal of ₹ 10,00,000/- (Rupees Ten Lakhs only), can be permitted.

19 April 2022

03-MCA-142-2021.DOC 4.

In that view of the matter, the Applicant no.1 is permitted to withdraw an amount of ₹10,00,000/- (Rupees Ten Lakhs only) from the amount of compensation deposited. The remaining amount shall continue to stay invested in a fixed deposit in any Nationalized Bank. 5.

Civil application is disposed of in the aforesaid terms. C. V. BHADANG, J PEREIRA Date: 2022.04.19 18:09:46 +05'30'

ANDREZA PEREIRA 19 April 2022