Mr. Prakash Sahadeo Dhule And ANR. v. Keshav Nabaji Khude And ORS.

Shubhada S Kadam 19-fa-188-2021.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.8911 OF 2024 WITH FIRST APPEAL NO.188 OF 2021 Future Generali India Insurance Co.Ltd. through its Manager ... Appellant versus Niti Nilesh Dhule and ors.

.... Respondents And FIRST APPEAL NOS.774 AND 775 OF 2024 with FIRST APPEAL NO. 846 OF 2022 Prakash Sahadeo Dhule and anr.

... Appellants versus Keshav Nabaji Khude and ors.

.... Respondents Mr. Rajesh Kanojia i/b. Res Juris, Advocates for the Appellant in First Appeal No.188 of 2021.

Mr. Hemant Ghadigaonkar, Advocate for the Appellant in First Appeal Nos.846 of 2022 and First Appeal No.775 of 2024 and for Respondent No.1 to 4 in First Appeal Nos.188 and 846 of 2021 Ms. Karishma Jhaveri i/b. Navdeep Vora and Associates, Advocates for Respondent No.7.

Mr. Ganesh Bhujbal i/b. Mr. Baburao D. Shinde, Advocate for Respondent No.4 in First Appeal No.774 of 2024.

CORAM : ARUN R. PEDNEKER, J.

DATE : 12th JUNE, 2024.

P.C. :

Digitally signed by SHUBHADA SHANKAR KADAM Date:

2024.06.14 10:51:44 +0530 SHUBHADA SHANKAR KADAM 1.

First Appeal No.188 of 2021 is filed by the insurance company, 1/2

Shubhada S Kadam 19-fa-188-2021.doc in which, the amount qua the deceased claimant has been deposited by the insurance company.

2.

Learned counsel appearing for the insurance company submits that he has filed an appeal against the claim made by the dependents of deceased driver only. Learned counsel further submits that the dependents of driver of Toyota Etios cannot claim any compensation, as such, the dependents are not entitled to compensation. However, the Tribunal, in paragraph 10 of the impugned judgment, has held that there is 50% negligence of opponent No.1 and 50% negligence of the deceased - Nilesh Dhule and the Tribunal has awarded 50% compensation to the dependents of the deceased - Nilesh Dhule.

3.

Since the Tribunal has already held against the insurance company, I deem it appropriate to permit the applicant/claimant to withdraw 50% of the amount deposited by the insurance company subject to filing of undertaking to the satisfaction of the Presiding Officer of the Tribunal where the amount is deposited. Interim Application No.8911 of 2023 is allowed and disposed of.

4.

First Appeal Nos. 188/2021, 846/2022, 774/2024 and 775/2024 stand admitted.

5.

The parties are at liberty to file paper book in the Registry within two weeks.

(ARUN R. PEDNEKER, J.) 2/2