Afirst appeal by an insurance company on compensation grounds was heard. The court allowed the applicant to withdraw a portion of the awarded amount and listed the appeal for the subsequent date.
Application for withdrawal of Rs.63,92,759/- with interest allowed; balance disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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 & …. Applicants Ors.
V/s.
Regional Manager, United India Insurance …. Respondents Co. Ltd. & Ors.
Mr.T.J. Mendon i/b Mr.Yogesh Pande, for the Applicants. Mr.Amol Gatne, for the Respondents.
CORAM : ARUN R. PEDNEKER, J.
Digitally signed NILAM by NILAM SANTOSH SANTOSHKAMBLE KAMBLE Date: 2024.06.18 10:47:53 +0530
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, ½ 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/-”
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/-.
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.
(ARUN R. PEDNEKER, J.)
N.S. Kamble page 2 of 2
Mr.Pramod Wasudeorao Rameshettiwar & Ors.
Regional Manager, United India Insurance Co. Ltd.
ARUN R. PEDNEKER
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
