Shahrukh Isak Momin v. Future General India Insurance Company The Branch Manager And ANR

2024:BHC-AUG:10084 917ca4436.24

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 917 CIVIL APPLICATION NO. 4436 OF 2024 IN FA/342/2024 SHAHRUKH ISAK MOMIN

VERSUS

FUTURE GENERAL INDIA INSURANCE COMPANY THE BRANCH MANAGER AND ANR ...

Advocate for Applicant : Mr. Badakh Vishal S. Advocate for Respondents : Mr. A.C. Chaudhari (Through V.C.) ...

AND 918 CIVIL APPLICATION NO. 4461 OF 2024 IN FA/346/2024 BABULAL ABBAS SHAIKH AND ANR

VERSUS

THE BRANCH MANAGERSAHEB FUTURE GENERAL INDIA INSURANCE COMPANY ...

Advocate for Applicant : Mr. Badakh Vishal S. Advocate for Respondents : Mr. A.C. Chaudhari (Through V.C.) ...

CORAM : S. G. MEHARE, J.

DATE : 07th MAY, 2024.

PER COURT :

1.

Heard the learned Counsel for the respective parties.

917ca4436.24 2.

The appellant has a ground that it was a case of drunk and drive. It was a violation of the insurance policy. 3.

Learned Counsel for the applicant submits that the appellant could not prove the defence. Therefore, the application may be allowed.

3.

In view of the specific ground raised in appeal, following order has been passed :

ORDER

a) Both the applications are partly allowed.

b) Applicants are allowed to withdraw 50% amount with proportionate interest accrued there on, deposited with this Court on the undertaking that they would re-deposit the money with this Court within eight weeks, if the impugned judgment and award is reversed.

( S. G. MEHARE ) JUDGE mahajansb/