Kusumbai Waman Patil (Sonawane) And Others v. Bajaj Allianz General Insurance Co. Ltd. And ANR

ca4601.16 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4601 OF 2016 IN FA/239/2016 KUSUMBAI WAMAN PATIL (SONAWANE) AND OTHERS

VERSUS

BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. AND ANR ...

Advocate for Applicants : Mr. Kazi Sabahat T. Advocate for Respondent No.1: Mr. S.G. Chapalgaonkar .....

CORAM : V. K. JADHAV, J.

DATED : 7th APRIL, 2016 PER COURT:- 1.

Heard learned counsel for the applicant and the learned counsel appearing of respondent No.1-insurer. 2.

Learned counsel for respondent No.1 submits that the respondent insurer has denied the accident before the Tribunal. Learned counsel submits that the complaint was lodged before the police against unknown vehicle and 5 days after lodging of complaint, a supplementary statement was recorded, wherein so called injured has given details of the vehicle involved in the accident, to the police. 3.

In view of the above submissions, call for record and proceedings. However, since the claim petition is filed in the year 2010, it would be appropriate to permit applicant No.1, who is widow,

ca4601.16 -2to withdraw certain amount i.e. Rs.10,00,000/- (Rupees Ten lacs only) by furnishing undertaking to the satisfaction of Registrar (Judicial) of this Court.

4.

Civil application is disposed of.

( V. K. JADHAV, J.) rlj/