Ranjana Gajanan Katare And ORS v. Ghousiya Begum W/O Akhtar Ali Khan And ORS
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 915 CIVIL APPLICATION NO. 14017 OF 2024 IN FA/822/2019 Ranjana Gajanan Katare And Ors ....Applicants
VERSUS
Ghousiya Begum W/o Akhtar Ali Khan And Ors .....Respondents .....
Advocate for Applicant : Mrs. Manisha Rajeshwar Dhule .....
CORAM : SANDIPKUMAR C. MORE, J.
DATED : 28 JANUARY, 2025 ORDER:- 1.
Heard learned counsel for the applicants/claimants. 2.
The matter is already disposed of in Lok Adalat dated 09.09.2023 as withdrawn by the appellant/Insurance Company. It appears that along with the present applicants the parents of the deceased Gajanan were also claimants. However, during the pendency of this appeal, both of them died on 18.11.2022 and 07.07.2019.
3.
It appears that the learned Tribunal had granted the amount of compensation of Rs. 5,64,900/- along with the
(2) interest @ 8.5% p.a. The apportionment was also made by the learned Tribunal according to which present applicant No.1 Ranjana was supposed to take 60% of the total compensation whereas applicant No. 2 Indrapal was supposed to take 20% of the compensation and the parents of the deceased were supposed to take 10% each from the total compensation. 4.
However, on the death of parents of the deceased, who are original claimant Nos. 3 and 4 being dependent on the income of the deceased, their compensation needs to be paid to the remaining dependents of the deceased. It is significant to note that applicant No.2 Indrpal is still minor and therefore, the amount cannot be paid to him till the date of his majority. 5.
Under such circumstances, the amount of compensation be distributed between the present applicants in equal proportion and the applicant No. 1 Ranjana is permitted to withdraw 50% of the amount of compensation along with the proportionate interest accrued thereon till date. 6.
The 50% amount falling to the share of applicant No.2 Indrapal be invested in FDR in any nationalized Bank till he attains the majority and after attaining majority, the
(3) concerned Bank shall pay the said amount along with accrued interest thereon till the relevant time without further reference to this Court.
7.
Application stands disposed of.
(SANDIPKUMAR C. MORE, J.) Y.S. Kulkarni