Swati Bapu Pawar And ORS v. M/S National Insurance Co. Ltd. And Others

1 CA 1904 of 2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD Civil Application No. 1904 of 2016 In First Appeal No.2134 of 2015 Swati w/o Bapu Pawar And Others.

.. Applicants.

Versus

M/s. National Insurance Co. Ltd.

Aaurangabad & Others.

.. Respondents.

-------- Shri. N.C. Garud, Advocate, for applicants. Shri. V.N. Upadhye, Advocate for respondent No.1. Shri. M.K. Goyanka, Advocate, for respondent No.2. Shri. K.N. Lokhande, Advocate, for respondent No.3. -------- CORAM: T.V. NALAWADE, J.

DATE : 16th FEBRUARY 2016 ORDER:

1) The application is filed for permission to withdraw the 60% amount of compensation deposited by the insurance company. Learned counsel for the insurance company has strong objection. He submits that there is dispute about negligence of the car driver. He submits

2 CA 1904 of 2016 that there is material to show that the vehicle was given to 3rd party on hire basis and so there will be question of fastening the liability on insurance company. 2) In view of the nature of defence and as the deceased was person occupying in the private car this Court holds that permission needs to be given to the applicants to withdraw the amount.

3) So the application is allowed. Make the disbursement as per the award subject to giving undertaking.

Sd/- (T.V. NALAWADE, J. ) rsl