Tabassum Begam W/O Washed Anvar Shaikh And ORS v. National Insurance Co. Ltd., Thr Its Branch Manager, Latur And Others

38-sr.983.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.6126 OF 2021 IN FA/222/2021 WITH CA/2299/2021 IN FA/222/2021 TABASSUM BEGAM W/O WASHED ANVAR SHAIKH AND ORS.

VERSUS

NATIONAL INSURANCE CO. LTD., THROUGH ITS BRANCH MANAGER, LATUR AND OTHERS ---- Mr.R.S.Shinde, Advocate for applicants Mr.M.M.Ambhore, Advocate for respondent no.1 ---- CORAM : R.G. AVACHAT, J.

DATE : JULY 14, 2021 ORDER :- Heard learned counsel for the parties. Perused the impugned award.

2.

Learned counsel for the respondent-insurance company submits that a private vehicle was being used for hire. The same constitutes breach of the terms and conditions of the policy of insurance.

3.

Learned counsel for the applicant would, on the other hand, submits that in such a breach, if proved, the order of pay and recover may be passed. The deceased was a truck driver, drawing

38-sr.983 salary of Rs.12,000/- per month besides of daily allowance, etc. According to him, even without preferring an appeal, the Court can enhance the compensation, if found to be inadequate. 4.

Considered the rival submissions. Perused the impugned award. It is a death claim. The claimants are six in number. Three of them are minor.

5.

In view of the above, the applicants are permitted to withdraw 75% of the amount deposited in this Court along with interest accrued thereon, on furnishing usual undertaking to the satisfaction of learned Registrar (Judicial) of this Court. 6.

The application stands disposed of accordingly. [R.G. AVACHAT, J.] KBP