Ashabai Ishwar Patil And ANR v. Bajaj Alliance General Insurance Company Ltd, 2nd Floor, Panna Heights, Jay Nagar, Jalgaon And ORS

2024:BHC-AUG:7654 28-CA-3356-24-w.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3356 OF 2024 IN FA/4304/2023 ASHABAI ISHWAR PATIL AND ANOTHER

VERSUS

BAJAJ ALLIANCE GENERAL INSURANCE COMPANY LTD, 2ND FLOOR, PANNA HEIGHTS, JAY NAGAR, JALGAON AND OTHERS ...

Advocate for Applicant : Mr. A. K. Tiwari holding for Mr. Vijay Bhalerao Patil Advocate for Respondent No.1 : Mr. M. R. Deshmukh ...

CORAM : S. G. MEHARE, J.

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

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

2.

The appellant has a case that there was inordinate delay in lodging the first information report. After admission of the deceased to the hospital, there were no complaints of the road accident. Therefore, there is a serious doubt about involvement of the offending vehicle. Considering the grounds raised in the appeal, the following order is passed;

ORDER

i) The application is partly allowed.

ii) The applicants are permitted to withdraw 50% of the amount deposited with this Court with accrued interest, on furnishing undertaking that they would deposit the amount, if the impugned judgment and award is reversed.

( S. G. MEHARE ) JUDGE rrd