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Bombay High CourtCA/6027/2021disposed off

Shabana Jamil @ Raju Shaikh And Others v. National Insurance Co. Ltd, Thr Its Manager, Divisional Office, Aurangabad And Others

2021-07-12Hon'Ble Shri Justice R. G. Avachat2 pages

35-CA-6027-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 6027 OF 2021 IN FIRST APPEAL NO. 135 OF 2021 Shabana Jamil @ Raju Shaikh and Others ..APPLICANTS

VERSUS

National Insurance Co. Ltd.

Through its Manager, Aurangabad and Others ..RESPONDENTS ....

Mr. A.S. Pavse, Advocate for applicants Mr. S.R. Bodade, Advocate for respondent no.1 ....

CORAM : R.G. AVACHAT, J.

DATED : 12th JULY, 2021 PER COURT :

1.

Heard.

2.

Perused the application and impugned award. Learned counsel for the insurance company would submit that it is a case of contributory negligence. Drivers of two vehicles involved in the accident. Said issue could be decided in appeal.

1 / 2

35-CA-6027-21.odt 3.

Civil application is allowed by permitting the applicants to withdraw 75% of the amount deposited in this Court. Said amount be paid to the applicants equally.

( R.G. AVACHAT, J. ) SSD 2 / 2