Sumanbai Bapurao Bhatane And ORS v. The New India Assurance Co. Ltd. And ANR

ca6519.16 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 6519 OF 2016 IN FA/1822/2012 SUMANBAI BAPURAO BHATANE AND ORS

VERSUS

THE NEW INDIA ASSURANCE CO. LTD. AND ANR ...

Advocate for Applicants Mr. Kedar Balbhim R.

Advocate for Respondent No.1: Mr. M.M. Ambhore Advocate for respondent No.2:

.....

CORAM : V. K. JADHAV, J.

DATED : 5th MAY, 2016 PER COURT:- 1.

Heard both sides.

2.

This Court has allowed the applicants to withdraw 50% of the amount deposited on furnishing solvent security of the like amount. 3.

Learned counsel for the applicants submits that the applicant Nos. 4 and 5 being old aged persons are not able to furnish solvent security as directed by this court and the said condition may kindly be relaxed.

4.

Learned counsel appearing for the respondent insurer submits that the respondent insurer has denied involvement of vehicle in the accident. The F.I.R. came to be lodged belatedly and in collusion

ca6519.16 -2involvement of the vehicle is shown in the accident. 5.

It appears from the order passed by this Court on 17.12.2012, that this Court has considered the submissions of both sides and thereafter permitted the applicants to withdraw 50% of the amount deposited. It appears that the applicant Nos. 4 and 5 are old aged persons. In view of this, they are permitted to withdraw the amount to the extent of their share on furnishing undertaking to the satisfaction of Registrar (Judicial) of this Court. 6.

Civil application is disposed of.

( V. K. JADHAV, J.) rlj/