Partly allowed

Reliance General Insurance Co. Ltd.,Kolhapur v. Smt. Rekha Anil Kamble and Ors.

Bombay HC21 Feb 2024IA/353/2024

Case brief

AI extract

What is this about?

Interim applications filed by the insurance company regarding withdrawal of deposited compensation and stay of decree. The court permitted withdrawal of 75% of compensation deposited, rejecting the argument that the Tribunal erred in computing the deceased's income.

What did the court decide?

Permitted withdrawal of 75% of compensation deposited, subject to undertaking. Stay of decretal amount confirmed till final decision.

Reliance General Insurance Co. Ltd.,Kolhapur vs Smt… — Motor Accident Claims | Bombay HC (2024)

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43-FAST-31303-23 WITH CONT. IA.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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FIRST APPEAL (ST) NO.31303 OF 2023 WITH INTERIM APPLICATION NO.353 OF 2024

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Reliance General Insurance Co. Ltd., …. Applicants Kolhapur

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V/s.

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Smt.Rekha Anil Kamble & Ors. …. Respondents

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NILAM Digitally signed byNILAM SANTOSH SANTOSH KAMBLE KAMBLE Date: 2024.07.2912:58:38 +0530

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WITH

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INTERIM APPLICATION NO.10583 OF 2024 IN FIRST APPEAL (ST) NO.31303 OF 2023

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Smt.Rekha Anil Kamble & Ors. …. Applicants

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V/s.

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Reliance General Insurance Co. Ltd., …. Respondents Kolhapur

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Mr.Avesh Ghadage i/b Mr.Akshay Kulkarni, for the Appellant. Ms.Priyanka Babar i/b Mr.T.S. Ingale, for Respondent Nos.1 to 4.

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CORAM : ARUN R. PEDNEKER, J.

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DATE : 26^th JULY 2024

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P.C:-

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INTERIM APPLICATION NO.10583 OF 2024

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. Heard learned counsel for the parties.

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The present Appeal is filed on the ground of

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N.S. Kamble page 1 of 3

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43-FAST-31303-23 WITH CONT. IA.doc

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computation of compensation. The learned counsel for the Insurance Company submits that the income of the deceased is considered on the higher side.

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Perusal of the order indicate that the employment income is taken at Rs.1,81,450/- per year and business income is considered at Rs.73,000/- per year. Total income of the deceased was Rs.2,54,450/- per year. The deceased worked with the sugar factory and also had business related to the milk and milk products. The learned counsel submits that the work of the deceased was sessional and only for seven months per year.

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The Tribunal has in paragraph No.9 taken deceased income for seven months only.

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Perusing the judgment prima facie the income is considered by the Tribunal is not excessive. As such I permit the all major Applicant to withdraw 75% compensation deposited before the Tribunal along with accrued interest thereon to the extent of their share as stated in the judgment of the Tribunal, subject to an undertaking to the satisfaction of the Presiding Officer of the MACP, Court.

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N.S. Kamble page 2 of 3

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43-FAST-31303-23 WITH CONT. IA.doc

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The Application for withdrawal is disposed of.

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FIRST APPEAL (ST) NO.31303 OF 2023

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The Appeal is admitted.

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INTERIM APPLICATION NO.353 OF 2024

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Since the entire decretal amounts is deposited by the

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Insurance Company the stay is confirmed till the final decision of the Appeal.

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Application for stay is disposed of.

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Call record and proceedings.

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(ARUN R. PEDNEKER, J.)

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N.S. Kamble page 3 of 3

Reliance General Insurance Co. Ltd.,Kolhapur v. Smt. Rekha Anil Kamble and Ors.

Case brief

What is this about?

What did the court decide?

Reliance General Insurance Co. Ltd.,Kolhapur v. Smt. Rekha Anil Kamble and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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