Chhayabai Ashok Bansode And ORS v. Bajaj Allianz General Insurance Company Ltd And ORS

2025:BHC-AUG:19436 1 915(iii).CA-6461-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 6461 OF 2025 IN FA/517/2025 CHHAYABAI ASHOK BANSODE AND OTHERS

VERSUS

BAJAJ ALLIANZ GENERAL INSURANCE COMPANY AND ORS ...

Advocate for Applicants : Ms. Tanvi V Jadhav Advocate for Respondent No.1 : Mr. Deshmukh Mohit Rameshrao ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 24th JULY 2025 PER COURT :

1.

Applicants are seeking disbursement of the amount deposited by the Respondent/Insurance Company. Respondent deposited Rs.94, 65, 326/- besides statutory deposit of Rs.25000/-. It is contended that deceased was the only bread-earner in the family, who met with an accident. For the reasons stated in the application and due to the dire need, direction is solicited to disburse the amount.

2.

Learned Counsel Mr. Mohit Deshmukh for the Respondent No.1 submits that the siblings of the deceased are major and personal deductions should have been to the extent of 1 1⁄2 instead of 1⁄4. It is submitted that the identification of the vehicle is in question. First Information Report and the supplementary statement are at variance so far as vehicle is concerned.

3.

I have gone through the impugned judgment. After

2 915(iii).CA-6461-2025.doc considering the rival submissions, I find that ends of the justice would be met in permitting the Applicants to receive 50% of the amount deposited in this Court.

4.

Civil Application is partly allowed, permitting the Applicants to receive 50% of the amount as per the apportionment stipulated in operative part no.4 of the impugned judgment, on furnishing undertaking to the satisfaction of the Registrar (Judicial) of this Court.

5.

Balance amount shall be invested in the Nationalized Bank. SHAILESH P. BRAHME JUDGE NAJEEB..