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Bombay High CourtCA/6920/2016disposed offdismissed for default

Sadananad Shivaji Jagtap v. M/S Shriram General Insurance Company Ltd. And ANR

2017-01-20Hon'Ble Shri Justice V.K. Jadhav1 pages

918 ca 6920.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 918 CIVIL APPLICATION NO. 6920 OF 2016 IN FA/2028/2014 SADANANAD SHIVAJI JAGTAP

VERSUS

M/S SHRIRAM GENERAL INSURANCE COMPANY LTD. AND ANR ...

Advocate for Applicant : Shinde Shrikishan S. Advocate for Respondents : S.G. Chapalgaonkar For R/1. ...

CORAM : V.K. JADHAV, J.

DATE : 20-01-2017.

P.C. :

1.

Heard both the sides. Learned counsel for the respondent-insurer has strongly resisted the application. The learned Member of the Tribunal in para 18 of the judgment has observed that, it was not established conclusively that at the material time of the accident, the respondent no.1 was not at all having valid and effective driving license to drive the vehicle in question.

2.

In view of the above position, the applicant is permitted to withdraw Rs. 25,000/- of the amount deposited before this court on furnishing undertaking to the satisfaction of the Registrar (Judicial). Civil application is accordingly disposed of. (V.K. JADHAV) JUDGE mub