Surekha Dileep Gaikwad And ORS v. Royal Sundaram General Insurance Co. Ltd., Thr Its Authorized Signatory / Officer And Others

C.A. No.4097/2021 :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.4097 OF 2021 IN FIRST APPEAL NO.2255 OF 2020 Smt. Surekha Dileep Gaikwad & ors.

... APPLICANTS

VERSUS

Royal Sundaram Alliance Insurance Co. Ltd. & ors.

... RESPONDENTS .......

Mr. D.R. Jaybhar, Advocate for applicants Mr. M.R. Deshmukh, Advocate for respondent No.1 .......

CORAM :

R. G. AVACHAT, J.

DATE :

12th JULY, 2021 PER COURT :

Heard. Perused the impugned award. Learned counsel for the Insurance Company submits that, the vehicle was not involved in the accident. It was a claim preferred in collusion with the vehicle owner.

2.

I have perused the evidence of the witness Surekha Gaikwad to find that, on the very next day of the incident, she lodged a report of the accident, wherein the number of the vehicle involved has been given. It is a death

C.A. No.4097/2021 :: 2 ::

claim. In the facts and circumstances, I am inclined to permit the applicants to withdraw 50% of the amount deposited in this Court.

3.

The application is allowed. The applicants are permitted to withdraw 50% of the amount deposited in this Court. The amount payable to the applicants be transmitted to the Tribunal, which, in turn, shall pay the same to the applicants herein on furnishing usual undertaking. ( R. G. AVACHAT ) JUDGE fmp/-