1 406.2025CA.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. 69 CIVIL APPLICATION NO. 406 OF 2025 IN FA/1336/2024 JYOTI RAMESH PAGIRE AND OTHERS VERSUS GURMEET SIGH TEJA SINGH BAL AND ORS ... Advocate for Applicants : Mr. Abhijit Chandrakant Darandale Advocate for Respondent no.3 : Mr. Mohit R Deshmukh ... CORAM : S. G. CHAPALGAONKAR, J. DATE : 31st JANUARY, 2025. P.C.: 1. Heard Mr. A.C. Darandale, learned Advocate appearing for the applicants and Mr. M.R. Deshmukh, learned Advocate appearing for respondent no.3. 2. By this application, the applicants seek withdrawal of the amount deposited by the Insurance Company pursuant to the award dated 14.12.2023 passed in M.A.C.P. No. 349/2019. 3. The applicants are the original claimants in M.A.C.P. No.349/2019. They had instituted claim seeking compensation on the death of Ramesh Pagire, who died in motor vehicular accident involving insured vehicle. The deceased was rider on the motorcycle at the time of accident. The motorcycle was dashed by tanker bearing registration No. MH.04 HS.0455. He suffered fatal inuries in that accident and lost life. The claimants filed claim under Section 166 of the Motor Vehicle Act claiming comepnsation of Rs.43,90,000/-. 2025:BHC-AUG:3004 2 406.2025CA.odt 4. The respondent/insurer contested claim on the ground that the tanker driver was not holding valid driving licence. They also contested the claim on the ground of quantum. The learned Tribunal after evaluation of evidence, accepted the case of claimants and passed award for Rs.38,57,000/-. 5. Aggrieved, Insurance Company filed present appeal mainly on the ground that the driver of insured vehicle was not holding valid driving licence, and as such, there is breach of policy, further assessment of compensation is at higher side. 6. It is not disputed that the death of deceased Ramesh occurred in motor vehicular accident involving inusred vehicle. The defence of driving licence is something between owner of the vehicle and insurer. So far as quantum is concerned, the Tribunal relying upon the evidence of employer considered the salary of the deceased at Rs.20,000/- and assessed the compensation. 7. Mr.Deshmukh, learned Advocate appearing for respondent No.3 has serious objection to the evidence as regards to income of the deceased. Thus, the dispute is in narrow campass as to assessment of compenstion, particularly carving out the correct income of the deceased. In that view of the matter, the claimants are certainly entitle for partial withdrawal of the amount deposited by the Insurance Company. Hence, the following order :- ORDER (i) The application is partly allowed. (ii) The claimants are permitted to withdraw 70% of the amount of 3 406.2025CA.odt compensation with accrued interest, deposited by the Insurance Company with the Registry of this Court, on furnishing usual undertaking to the Registrar (Judicial) that they shall redeposit the amount in case any adverse order is passed in appeal. (iii) The disbursement of the amount shall be in the proportion with the apportionment made under the award passed by the Tribunal. (iv) The rest of the amount be kept in a Fixed Deposit for the term that offers a higher rate of interest. (v) The Civil Application stands disposed off. [S. G. CHAPALGAONKAR, J.] sga