Sahebrao Dangal Patil And ANR v. Tata Aig General Insurance Company Ltd And ANR

2024:BHC-AUG:7945 31-CA-3362-24-w.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3362 OF 2024 IN FA/1034/2022 SAHEBRAO DANGAL PATIL AND ANOTHER

VERSUS

TATA AIG GENERAL INSURANCE COMPANY LTD AND ANOTHER ...

Advocate for Applicant : Mr. Vikrant P. Raje Advocate for Respondent No.1 : Mr. A. S. Usmanpurkar ...

CORAM : S. G. MEHARE, J.

DATE : 05-04-2024 PER COURT :- 1.

Heard the learned counsel for the applicant and the learned counsel for respondent No.1/appellant.

2.

The appeal has been preferred on the ground of quantum. There was no evidence to prove how the offending vehicle was involved in the accident. The first information report was registered against unknown vehicle. It is a matter of evaluating the evidence. The deceased was a unmarried son. Considering the issue involved in this case, the following order is passed;

ORDER

i) The application is partly allowed.

ii) The applicants are permitted to withdraw 75% of the amount deposited with this Court, with accrued interest thereon, on furnishing undertaking that they would deposit the money, if the impugned judgment and award is reversed.

( S. G. MEHARE ) JUDGE rrd