Disposed

Mangal Vasantlal Chopada and Ors. v. the Oriental Insurance Co. Ltd. and Ors.

Bombay HC3 May 2010CA/2616/2010

Case brief

AI extract

What is this about?

This court disposed of a civil application filed by the family of a motor accident victim. It ordered the withdrawal of a specific total amount in lump sums and structured the deposit of the remaining balance in fixed deposits with interest provisions for the care of a mentally retarded child.

What did the court decide?

Withdrawal of Rs. 4 Lakh total by named applicants; deposit of remaining Rs. 4.5 Lakh plus interest for child's maintenance in fixed deposits.

Mangal Vasantlal Chopada and Ors. Vs the Oriental… — Motor Accident Claims | Bombay HC (2010)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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CIVIL APPLICATION NO. 2616 OF 2010

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FIRST APPEAL NO. 2753 OF 2009

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Smt. Mangal Vasantlal Chopada and others .. Applicants

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Versus

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The Oriental Insurance Com. Ltd. and others .. Respondents

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Smt. M. D. Thube-Mhase, Advocate for the Applicants.

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Shri Nitin Patil, Advocate h/f Shri S. M. Godsay, Advocate for the Respondent No. 1

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CORAM : NARESH H. PATIL, AND N. D. DESHPANDE, JJ.

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DATE : 03RD MAY, 2010.

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ORAL ORDER [Per NARESH H. PATIL, J. ] :

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. Heard.

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Learned counsel for the applicants submits that the

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deceased was travelling in his own vehicle and due to dash given by the tempo, owned by the respondent No. 3 and driven by the respondent No. 2, the deceased died in the accident. The deceased was of 51 years. The trial Court applied the multiplier of 11. The deceased was a businessman. The applicants submitted Income Tax returns in support of evidence of source of income of deceased.

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Counsel submits that wife of deceased does not have any source of income. One of the child of the deceased namely Sachin is mentally retarded. Therefore, abundent care is required to be taken and there is expenditure on his treatment too. The deceased has age-old parents, who are looked after by the wife of the deceased.

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Learned counsel for the respondent No. 1/Insurance Company submits that excessive amount of compensation has been awarded. It was mistake of tempo driver and considering the liability of the Insurance Company, the Motor Accidents Claim Tribunal ought to have awarded lessor amount.

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We have perused the judgment of the Tribunal and

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considering the submissions advanced, in the light of the same, pending hearing and final disposal of appeal following order is passed.

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O R D E R

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The applicant No. 1 Smt. Mangal W/o Vasantlal Chopada is entitled to withdraw an amount of Rs. 3,00,000/- (Rs. Three Lakh only). The applicant No. 3 Kum. Sarika D/o Vasantlal Chopada is entitled to withdrawn an amount of Rs. 50,000/- (Rs. Fifty thousands only). The applicants No. 4 and 5 are entitled to withdrawn an amount of Rs. 1,00,000/- (Rs. One lakh only) each.

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An amount of Rs. 4,50,000/- (Rs. Four lakh fifty thousand only) shall be deposited in the name of applicant No. 1 Smt. Mangal in a fixed deposit scheme of any Nationalized Bank initially for a period of three years, to be renewed until further orders. Quarterly interest accrued on the said deposit shall be permitted to be withdrawn by applicant No. 1/Smt. Mangal.

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The Registrar (Judicial) of this Court is directed to deposit the remaining amount in fixed deposit scheme of any

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Nationalized Bank.

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The amount of interest shall be utilized for looking after the interest of Applicant/Sachin. The civil application is disposed of.

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[ N. D. DESHPANDE, J.] [NARESH H. PATIL, J.] bsb/May 10

Mangal Vasantlal Chopada and Ors. v. the Oriental Insurance Co. Ltd. and Ors.

Case brief

What is this about?

What did the court decide?

Mangal Vasantlal Chopada and Ors. v. the Oriental Insurance Co. Ltd. and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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