Jayshree Ravi Bharde And Ors vs The New India Assurance Co. Ltd, Thr Its ... on 28 September, 2018

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Bombay High Court

Jayshree Ravi Bharde And Ors vs The New India Assurance Co. Ltd, Thr Its ... on 28 September, 2018

Bench: P.R. Bora

                                    (1)


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    BENCH AT AURANGABAD

             943 CIVIL APPLICATION NO.11485 OF 2018
                         IN FA/928/2018

              JAYSHREE RAVI BHARDE AND ORS
                         VERSUS
 THE NEW INDIA ASSURANCE CO. LTD, THR ITS AUTHORIZED 
             OFFICIAL AND DIV. MANAGER, AU
                           ...
    Advocate for Applicants : Mr. Patil Jayant R.
            Mr. A. S. Usmanpurkar For R/1;
         Mr. Maniyar Irfan D., Adv. For R/2 
                           ...
                     CORAM :  P.R. BORA, J.
                     DATED :  28th SEPTEMBER, 2018.

 PER COURT:-

 1.               Heard   Shri   Jayant   Patil,   learned   counsel 

 for   applicants   and   Advocate   Shri   Usmanpurkar, 

 learned counsel for respondent - insurance company.

 2.               The   applicants   have   sought   withdrawal   of 

 the   entire   amount   as   has   been   deposited   by   the 

 insurance company in this Court.

 3.               Shri Usmanpurkar, learned counsel for the 

 insurance company has opposed for withdrawal of the 

 entire   amount   as   prayed   by   the   applicant.     The 

 learned  counsel  submitted  that  the   Motor   Accident 

 Claims   Tribunal   (for   short,   the   Tribunal)   has 

 awarded   the   sum   of   Rs.5,25,000/-   by   way   of   non-

 pecuniary   damages;   whereas   in   view   of   judgment 

 delivered by the Hon'ble Apex court in the case of 


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                                     (2)
 National   Insurance   Company   Ltd.   Vs.   Pranay   Sethi  

 and Ors. - (2017) 16 SCC 680, no amount, more than 

 Rs.70,000/-, can be awarded under the head of Non-

 pecuniary   damages.     The   learned   counsel   further 

 pointed   out   that   the   future   prospects   are 

 considered   50%   of   the   income   and   the   amount   of 

 compensation   has   been   awarded,   which   is   also 

 against   the   settled   principles   of   law.     In   the 

 circumstances,   the  learned   counsel  has   prayed  for 

 rejecting the application.

 4.               In   view   of   the   submissions   so   made, 

 following order is passed, -

                                  ORDER

i. The applicants are permitted to withdraw lump sum amount of Rs.6,00,000/- (Rupees six lakhs) from the deposited amount of compensation on submitting an undertaking to the satisfaction of Registrar of this Court.

ii. The balance amount be invested in Fixed Deposit Receipt in any nationalized Bank, initially for the period of two years and if so required, for the further period till disposal of the appeal. iii. The amount of Rs.6,00,000/- permitted to be withdrawn be transmitted to the Tribunal at ::: Uploaded on - 29/09/2018 ::: Downloaded on - 30/09/2018 02:26:50 ::: (3) Ahmednagar so as to facilitate its withdraw by the claimants.

iv. It would be open for the applicants to submit the undertaking before the Tribunal at Ahmednagar, which in turn shall be forwarded to this Court.

v. The Civil Application for withdrawal of the amount stands disposed of.

(P.R. BORA) JUDGE bdv ::: Uploaded on - 29/09/2018 ::: Downloaded on - 30/09/2018 02:26:50 :::

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