Indu Wd/O Vishwanath Khadse v. The Oriental Insurance Co.Ltd Through Authorized Representative Mr. Dhamannad Sheshrao Sonone

ca 7798.23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 910 CIVIL APPLICATION NO.7798 OF 2023 IN FAST/33578/2022 INDU WD/O VISHWANATH KHADSE AND OTHERS

VERSUS

THE ORIENTAL INSURANCE CO.LTD THROUGH AUTHORIZED REPRESENTATIVE MR. DHAMANNAD SHESHRAO SONONE ...

Advocate for Applicant : Mr. Dhage Vaibhav B. Advocate for Respondent 1: Mr. Swapnil Lohiya h/f Mr. R.F. Totala ...

CORAM : S. G. CHAPALGAONKAR, J.

Dated: July 18, 2023 ...

PER COURT :- 1.

By this application, the applicants seeks permission to withdraw the amount in pursuance of the judgment and award dated 14.6.2022 passed by the Motor Accident Claims Tribunal, Hingoli in MACP No.106/2016.

2.

The respondent no.1-Insurance company has assailed the award on the ground that deceased was a passenger in goods carriage and risk of such person was not covered under the policy. 3.

On perusal of the reasoning adopted by the Tribunal, it can be seen that the deceased was considered to be the owner of the goods traveling in the cabin of the goods carriage vehicle. Grounds as raised in the appeal can be considered at the time of the final hearing. At this stage, it would be appropriate to permit the applicants to withdraw 50% of the amount deposited by the respondent no.1/appellant subject to furnishing of an undertaking to the satisfaction of the Registrar (Judicial) of this Court. Hence, the order.

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ca 7798.23.odt

O R D E R

i.

The application is allowed.

ii. The applicants are permitted to withdraw 50% of the amount deposited by the appellant/insurance company subject to furnishing of an undertaking to the satisfaction of the Registrar (Judicial) of this Court.

iii. Civil application stands disposed off.

( S. G. CHAPALGAONKAR, J. ) ...

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