Shobhabai Motiram Biskule And ORS v. The National Insurance Co. Ltd., Thr Its Authorized Signatory And ORS

24-ca.6136-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.6136 OF 2021 IN FA/2137/2020 WITH CA/7070/2020 IN FA/2137/2020 SHOBHABAI MOTIRAM BISKULE AND ORS

VERSUS

THE NATIONAL INSURANCE CO. LTD., THROUGH ITS AUTHORIZED SIGNATORY AND ORS ---- Mr.A.S.Sawant, Advocate for applicants Mr.A.B.Kadethankar, Advocate for respondent no.1 ---- CORAM : R.G. AVACHAT, J.

DATE : JULY 14, 2021 ORDER :- Heard.

2.

Learned counsel for respondent no.1 - insurance company states that there was no post mortem. There is no nexus between the cause of death and the injuries suffered by the deceased in the accident.

3.

Learned counsel for the applicants submits that the deceased was from a shepherd community. After the accident, he was admitted to the hospital. He had suffered head injury. On the very day, he was discharged from the hospital and was again hospitalised

24-ca.6136-21 on the next day. He remained inpatient for 3-4 days and within 8-10 of his discharge from the hospital, succumbed to the head injury. The Doctor who had attended the deceased was examined and he did not rule out the cause of death to be the head injury. 4.

In the factual backdrop, I am inclined to permit the applicants to withdraw 60% of the amount deposited in this court, on furnishing usual undertaking to the satisfaction of learned Registrar (Judicial) of this Court.

5.

The application stands disposed of accordingly. [R.G. AVACHAT, J.] KBP