Mr. Pramod Wasudeorao Ramshettiwar And ORS. v. Regional Manager, United India Insurance Co. Ltd. And ORS.

99-IA-9235-2024 IN FAST-13869-24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.9235 OF 2024 IN FIRST APPEAL (ST) NO.13869 OF 2024 Mr.Pramod Wasudeorao Rameshettiwar & Ors.

.... Applicants V/s.

Regional Manager, United India Insurance Co. Ltd. & Ors.

.... Respondents ---- Mr.T.J. Mendon i/b Mr.Yogesh Pande, for the Applicants. Mr.Amol Gatne, for the Respondents.

---- CORAM : ARUN R. PEDNEKER, J.

by NILAM SANTOSH KAMBLE Date: 2024.06.18 10:47:53 +0530 NILAM SANTOSH KAMBLE DATE : 13th JUNE 2024 P.C:- .

The present Appeal is filed by the Insurance Company primarily on the ground of compensation. The ground No.4 & 6 which read as under:- "(iv) It ought to be held, that, Tribunal erred in ignoring the settled law in the case of Sarla Verma, when it comes to the father, he cannot be taken as dependent and therefore, the total dependents would be 2, therefore, while calculating the compensation, 1⁄2 income is liable to deducted instead of 1/3rd.

(vi) It ought to be held, that, considering the deduction of 1/2, the just and proper total compensation payable would be at Rs.63,92,759/- as against the amount of N.S. Kamble page 1 of 2

99-IA-9235-2024 IN FAST-13869-24.doc Rs.85,80,351/-, therefore, the award is on higher side by Rs.21,87,592/-"

2.

The learned counsel for the Insurance Company submits that the Claim Compensation should have been of Rs.63,92,759/- as against the granted amount of Rs.85,80,351/- as such the award is on the higher side of Rs.21,87,592/-.

3.

In view of this admitted position the Application for withdrawal of the amount to the extend of Rs.63,92,759/- alongwith accrued interest is allowed. The Claimant's are permitted to withdraw the amount in equal proportion as directed by the Tribunal.

4.

The Application for withdrawal is disposed of. 5.

List the Appeal on 12th July 2024.

(ARUN R. PEDNEKER, J.) N.S. Kamble page 2 of 2