Hc: Partial payment to mom in 2010 Claim for the death of her son | Bombay News

Mumbai: More than 12 years after losing her 25-year-old son on whom she was entirely dependent for survival, the Bombay High Court has allowed the elderly widow to withdraw 50% of an insurance amount of over Rs 19 lakh which was filed in the court of first instance.
In 2016, the court of first instance ordered the insurer to pay, which the company challenged before the HC. The case has since been pending, with a reprieve in his favour.
The mother had asked the HC last year to withdraw the filing made by United India Insurance Co Ltd with the Motor Accident Claims Tribunal (MACT).
Last week, Judge Milind Jadhav’s HC Holiday Bench said: ‘The accident is also extremely unfortunate because, due to no mistake by the plaintiff’s son, he has become a victim.’ He lost his life in a traffic accident “on the Yashwantrao Chavan highway near Tata Power House”.
He was ‘riding his motorcycle with care and caution’ when a speeding car in the opposite lane slammed into the road divider, smashed the barrier and hit the motorcyclist head-on. “The impact of the race was such that the plaintiff’s son died at the very scene of the incident,” Judge Jadhav said, finding that his mother had pleaded for interim relief.
Her son was unmarried when he met the fatal accident and the sole winning member and the court had in a reasoned judgment ordered the insurer to pay almost Rs 13 lakh with interest from the date from the application and from the deposit, he was ordered to invest Rs 5 lakh in a fixed deposit in his name in any nationalized bank for five years and the rest of the amount was to be paid to him.
The reprieve granted to the insurer by the HC in April 2017 deprived it of any sum, noted the HC.
The mum said she borrowed money from friends and relatives in 2010 to file a claim against the insurer and was also in poor health and had to incur major medical expenses , which she could not afford. She said she was unable to support herself due to the death of her son and lack of financial support.
She had previously approached the HC in 2017, but in June 2019 her plea was “dismissed for non-prosecution”.
The HC amended his 2017 interim order and allowed him to withdraw 50% of the amount currently deposited plus accrued interest. The amount must be released within three weeks.
“If a fixed deposit is to be broken by the registry of the magistrate’s court for the release of the said 50% amount to the claimant, the claimant will be seized to make payment” to the widow, the HC ordered.