Simran Vaz Rep. Thr Aunty Mrs. Bharati Premanand Kamble v. National Insurance Co. Ltd., Thr. Its Authorised Officer

2024:BHC-GOA:1669 MCA 440 of 2024 Maria S.

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO.440 OF 2024 IN FIRST APPEAL NO.68 OF 2016 SIMRAN VAZ REP. THR AUNTY MRS.

BHARATI PREMANAND KAMBLE ... APPLICANT

Versus

NATIONAL INSURANCE CO. LTD., THR.

ITS AUTHORISED OFFICER ... RESPONDENT Mr Shailesh Redkar, Advocate for the Applicant. CORAM:- VALMIKI MENEZES, J.

DATED :- 4th October, 2024 P.C.

This is an application for the release of the compensation amount awarded to the applicant by this Court's order dated 09.06.2017. By the said order respondents no.4 and 5 were directed to pay to the applicant and her sibling Master Rivaldo Vaz an amount of Rs.6,15,000/- (Rupees Six Lakh Fifteen Thousand only) along with interest @9% per annum. The compensation was apportioned equally between the applicants and the said Rivaldo Vaz.

2. At the relevant time both the claimants were minors' however, on attaining majority, Rivaldo Vaz has withdrawn half the compensation along with accrued interest under order dated 01.12.2021 in 4th October, 2024

MCA 440 of 2024 Miscellaneous Civil Application No.267/2021. However, the other half of the compensation to the present applicant was held through investment since she was a minor at the relevant time. The present application has been filed for withdrawal of the balance amount filed by the applicant on her attaining majority. As directed by the order dated 19.06.2017, the amount due to the applicant was required to be invested in a Nationalised Bank until she attained majority. Thus, since the applicant has attained majority, she is entitled to the balance amount of compensation, i.e. Rs.3,07,500/- (Rupees Three Lakh Seven Thousand Five Hundred only) along with interest of 9% on the amount till the date of deposit and thereafter with interest that accrues on the deposited amount on the investment until its release.

3. The Registry is directed to get released the compensation amount from the concerned bank with the entire accrued interest thereon and to have the same transferred to the account of the applicant; the details of the applicant's account are stated on page 16 of the application. This process shall be complied with in two weeks from the date of this order.

4. Application stands disposed of.

VALMIKI MENEZES, J.

Signed by: MARIA SUZANA REBELLO Designation: Personal Assistant Date: 04/10/2024 17:23:27 4th October, 2024