Noor Mohammad Sayyed Saheb Shaikh And ANR v. Hdfc Ergo General Insurance Co. Ltd., Thr Its Branch Manager Aurangabad And ORS

27- C. A. No. 8326-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 27 CIVIL APPLICATION NO.8326 OF 2022 IN FA/4236/2016 NOOR MOHAMMAD SAYYED SAHEB SHAIKH AND ANR

VERSUS

HDFC ERGO GENERAL INSURANCE CO. LTD., THR ITS BRANCH MANAGER AURANGABAD AND ORS ...

Advocate for Applicants : Mr. Yenegure Apparao AGP for Respondent No.1: Mr. S.G.Chapalgaonkar Advocate for respondent No.3 : Mr. V.r. Mundada ....

CORAM : S. G. DIGE, J.

DATE : 17.08.2022 PER COURT :- Heard learned counsel for the applicants and learned counsel for respondent No.1 and 3.

2.

Learned counsel for the applicants submits that respondent No.1 has challenged the judgment and award passed by learned Motor Accident Claim Tribunal, Osmanabad before this Court and has deposited 50% award amount. The applicants are in need of money for their day to day business. They are poor persons and they are facing hardship as the Karta of the family is died in the accident. Hence, requested to allow the application.

3.

Learned counsel for respondent No.1 submits that in the claim petition fled by the applicants, the negligence is

27- C. A. No. 8326-2022.odt shown on the part of respondent No.3. In the FIR also, no negligence of respondent No.1 i.e. driver of the alleged offending car is mentioned, in spite of that learned Tribunal has directed to pay compensation jointly and severally by fastening liability on respondent No.1. Hence, requested to dismiss the application.

4.

I have heard all learned counsel. The deceased was Karta of the applicants family is died in the accident. The respondent No.1 is challenging its role in the accident. This fact can be considered at the fnal hearing of the appeal. The applicants are in need of money for their day to day expenses. Hence I pass the following order.

ORDER

(i) Application is allowed.

(ii) Applicants are permitted to withdraw 50% amount out of deposited amount by respondent No.1 along with accrued interest thereon on furnishing undertaking.

( S.G. DIGE,) JUDGE ysk