Prayagbai Babasaheb Jadhav And Others v. United India Insurance Co. Ltd. And ANR

1 C.A. 1947.2016 IN F.A. 2284.2015.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1947OF 2016 IN FIRST APPEAL NO. 2284 OF 2015 Prayagbai Babasaheb Jadhav & Ors. ..... APPLICANTS V E R S U S United India Insurance Co. Ltd.

& Anr.

.... RESPONDENTS .....

Mr. A.M.Gaikwad, Advocate for Applicants.

Mr. S.S.Rathi,Advocate for R.No. 1.

.....

CORAM : T.V.NALAWADE, J.

DATE : 17th FEBRUARY, 2016 ORAL ORDER :- .

The application is filed by the claimants for permission to withdraw the amount.

2.

Learned counsel for insurance company has strongly opposed the application by contending that the deceased was a person as fare paying passenger. His risk is not covered.

3.

This Court has gone through the reasoning given by the Tribunal.

2 C.A. 1947.2016 IN F.A. 2284.2015.odt 4.

In view of the reasoning given by the Tribunal, permission to withdraw the amount needs to be granted.

5.

Civil Application is allowed. Amount is to be disbursed subject to the undertaking given by the claimant. Disbursement of the amount be made to the claimants as per the Award of the Tribunal by account payee cheque.

[T.V.NALAWADE, J.] KNP/C.A. 1947.2016 IN F.A. 2284.2015.odt