Shaikh Noor Shaikh Budhan v. The New India Assurance Co. Ltd., Thr Its Authorized Signatory / Div. Manager, Aurangabad And ORS

2024:BHC-AUG:17426 {1} ca3790-19.doc drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3790 OF 2019 IN FIRST APPEAL NO.1111 OF 2019 Shaikh Noor Shaikh Budhan APPLICANT

VERSUS

The New India Assurance Co Ltd., and Others RESPONDENTS .......

Mr. P. P. More h/f Mr. T. A. Ghumare, Advocate for the applicant Mr. M. R. Deshmukh, Advocate for respondent No.1 Mr. S. R. Bodade, Advocate for respondent No.3 .......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 9 th AUGUST, 2024 ORDER :

1.

This application is filed by the claimant for withdrawal of the amount deposited by the Insurance Company. 2.

Learned advocates for insurance companies, respondents No.1 and 3, strenuously opposed the application contending that the Tribunal has wrongly fastened liability only on one insurance Company.

3.

The accident has taken place in the year 2009 and for the dispute between two insurance companies, the claimant should not be made to suffer. In that view of the matter and for the

{2} ca3790-19.doc reasons stated in the application, the application is allowed. The claimant is allowed to withdraw 50% of the amount deposited by the insurance company, along with proportionate accrued interest.

[NITIN B. SURYAWANSHI] JUDGE drp/ca3790-19.doc