The New India Insurance Corrected As Assurance Com Ltd v. Saguna Gorakh Vanjari And Others

14077.23CA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 48 CIVIL APPLICATION NO.14077 OF 2023 IN FA/2335/2023 WITH CA/7252/2023 IN FA/2335/2023 WITH FA/2335/2023 SAGUNA GORAKH VANJARI & OTHERS

VERSUS

THE NEW INDIA ASSURANCE COMPANY LTD & OTHERS ...

Advocate for Applicants : Ms.Sanyukta N. Suryawanshi h/f. Mr. Sanket N. Suryawanshi Advocate for Respondent no.1 : Mr.M.R.Deshmukh ...

CORAM :ARUN R. PEDNEKER, J.

DATE :28.11.2023 P.C. :

A] ORDER IN CIVIL APPLICATION FOR WITHDRAWAL 1] Heard the learned counsel for the applicants. 2] First Appeal is filed on the ground of absence of driving license of the driver of the offending vehicle, fitness certificate of the vehicle, so also, quantum. 3] Having heard the learned counsel for the parties, I deem it appropriate to permit the applicants, viz.

14077.23CA widow, parents and two major children, to withdraw 60% of the amount deposited in this Court along with accrued interest thereon till date to the extent of their share. The share of the minor child be kept in FDR on yearly basis. Civil Application is disposed of.

B] ORDER IN CIVIL APPLICATION FOR STAY Since the appellant - Insurance Company has deposited the amount as directed by this Court, the interim stay granted by this Court stands confirmed. Civil Application is disposed of accordingly.

C] ORDER IN FIRST APPEAL 1] First Appeal is admitted. On admission, Mr.S.N.Suryawanshi, learned counsel waives notice for respondent nos.1 to 4 and 6.

2] Call R. & P.

[ARUN R. PEDNEKER] JUDGE DDC