Mahadeo Ramkisan Lokare v. United India Insurance Company Ltd. And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 917 CIVIL APPLICATION NO. 2713 OF 2016 IN FA/2264/2013 WITH CA/11722/2013 IN FA/2264/2013 MAHADEO RAMKISAN LOKARE

VERSUS

UNITED INDIA INSURANCE COMPANY LTD. AND ANR ...

Advocate for Applicant : Mrs. Sanghmitra Wadmare, ADv. h/for Mr. Wevhal Pradnya S.

Mr. S G Chapalgaonkar, Adv. For R/1 ...

CORAM : P.R. BORA, J.

Dated: April 06, 2016 ...

PER COURT :- 1) Heard the learned Counsel for the applicant/original claimant and learned Counsel for the appellant/insurance company.

The appellant/insurance company has disputed the very involvement of the vehicle alleged to be involved in the alleged accident. The learned Counsel for the claimants however brought to my notice that the learned Tribunal has dealt with the evidence on the point and recorded a finding in favour of the original claimants. Considering the submission made on behalf of the original claimants and taking into BDV

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD account the defence raised by the appellant/insurance company, it appears to me that ends of justice can be met if the applicant is permitted to withdraw 50% of the amount deposited by the appellant/insurance company in this Court on submitting an undertaking that in the event of any adverse order is passed, he will deposit the amount so withdrawn by him within next two months thereafter. It is directed accordingly. CA stands disposed of.

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Place the First Appeal for final disposal at admission stage on 17th June, 2016.

( P.R. BORA, J. ) ...

BDV