Balasaheb Dhondiram Ghodke And ORS v. New India Insurance Co. Ltd., Thr Its Div. Manager, Aurangabad And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 14 CIVIL APPLICATION NO.4274 OF 2018 IN FA/3224/2018 BALASAHEB DHONDIRAM GHODKE AND ORS

VERSUS

NEW INDIA INSURANCE CO. LTD., THR ITS DIV. MANAGER, AURANGABAD AND ANR ...

Advocate for Applicants : Mr. Shirsat Suhas R. Advocate for Respondent no.1 : Mr.S.G. Chapalgaonkar .....

CORAM : SUNIL K. KOTWAL, J.

DATE : DECEMBER 10, 2018 O R D E R :

Heard learned counsel for applicants and learned counsel for respondent Insurance Company. 2.

Learned counsel for insurance company objected this application for withdrawal on the ground that involvement of the offending vehicle is seriously disputed and there is delay of 32 days in filing the first information report.

3.

Learned counsel for the applicants submits that delay in filing the first information report cannot be a ground to reject the claim petition.

ca4274.18 4.

At this stage, it is not desirable to express anything on merits.

5.

Considering the peculiar nature of litigation, permission is granted to the applicants to withdraw 50 per cent amount of the compensation deposited in this Court, subject to filing solvent security for the said amount within a period of two weeks from the date of passing of this order to the satisfaction of the Registrar (Judicial).

6.

Civil Application is disposed of.

[SUNIL K. KOTWAL, J.] dbm