Nirmala Gangadhar More And ANR v. Royal Sundaram General Insurance Co. Ltd., Thr Its Authorized Officer., And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 945 CIVIL APPLICATION NO.466 OF 2019 IN FAST/5978/2018 WITH CA/3547/2018 IN FAST/5978/2018 WITH CA/3548/2018 IN FAST/5978/2018 NIRMALA GANGADHAR MORE AND ANR

VERSUS

ROYAL SUNDARAM GENERAL INSURANCE CO. LTD., THR ITS AUTHORIZED OFFICER., AND ANR ...

Advocate for Applicants : Mr. Gangakhedkar Shailendra S Mr. A. S. Deshpande & S. S. Wagh R/1 ...

CORAM : P.R. BORA, J.

Dated: January 08, 2019 ...

PER COURT :- 1.

Heard learned counsel for applicants and learned counsel appearing for insurance company. 2.

The impugned Award is challenged by the insurance company mainly on the ground that driver of the offending vehicle was not holding a valid driving license to drive the vehicle. The quantum is also disputed.

3.

On perusal of the impugned judgment and the grounds of objections raised in the memo of appeal in exception to the aforesaid judgment, I deem it appropriate to pass the following order, - BDV

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

ORDER

i.

The applicants are permitted to withdraw 75% of the deposited amount on submitting an undertaking to the satisfaction of Registrar of this Court.

ii.

Balance 25% amount be invested in Fixed Deposit Receipt of any nationalized bank till disposal of the appeal.

iii.

CA for withdrawal of the amount is disposed of.

( P.R. BORA, J. ) ...

BDV