Jyoti Ranglal Mahajan / Mali And ORS v. Icici Lombard Motor Insurance Company Ltd Through Its Branch Manager And ORS

2025:BHC-AUG:9154 (1) 11-ca-3278-2025withdrawal.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3278 OF 2025 IN FAST/31457/2024 JYOTI RANGLAL MAHAJAN / MALI AND ORS

VERSUS

ICICI LOMBARD MOTOR INSURANCE COMPANY LTD THROUGH ITS BRANCH MANAGER AND ORS ...

Mr. Lalitkumar Shantaram Mahajan, Advocate for Applicants. Mr. Mohit R. Deshmukh, Advocate for Respondent No.1. ...

CORAM : S. G. CHAPALGAONKAR, J.

DATED : 27th MARCH, 2025.

P.C.:- 1.

Heard learned Advocates appearing for respective parties. 2.

The applicants are original claimants in M.A.C.P. No.417/2016, which was filed raising claim for compensation towards accidental death of Ranglal Mahajan in motor vehicular accident dated 09.11.2015.

3.

The Tribunal allowed claim petition and passed award for Rs.68,97,000/- in favour of claimants. The appellant/insurer of offending vehicle filed present Appeal on the ground of quantum and negligence.

4.

Considering grounds of Appeal and reasons as adopted by Tribunal, claimants are certainly entitled for partial withdrawal of amount. Hence, following order:

ORDER

a.

Civil Application is partly allowed.

(2) 11-ca-3278-2025withdrawal.odt b.

The applicants are permitted to withdraw 60% of compensation amount as deposited by appellant/insurer on furnishing usual undertaking to the satisfaction of Registrar (Judicial) of this Court that in case any adverse order is passed, they shall redeposit the amount.

(S. G. CHAPALGAONKAR) JUDGE Devendra/March-2025