Jayshree Sunil Savant And ORS v. The Branch Manager Cholamandalam Ms General Insurance Co Ltd And ORS

2025:BHC-AUG:19716 1 956(i).CA.7522-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 7522 OF 2025 IN FAST/7140/2025 JAYSHREE SUNIL SAVANT AND ORS

VERSUS

THE BRANCH MANAGER CHOLAMANDALAM MS GENERAL INSURANCE CO LTD AND ORS ...

Advocate for Applicants : Mr.N.D. Kendre h/f Mr. Uddhav Laxmanrao Momale Advocate for Respondent No.1 : Mr. Abhijit Choudhri ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 24th JULY 2025 PER COURT :

1.

Heard both sides.

2.

Applicants are praying for disbursement of the amount deposited by the Insurance Company for the reasons stated in the application.

3.

Application is contested by the Insurance Company on the ground that it was a case of contributing negligence and breach of condition of policy.

4.

Respondent/Insurance Company has deposited amount of Rs.84,70,880/- besides statutory deposits.

2 956(i).CA.7522-2025.doc 5.

Considering the impugned judgment and the application, I find it fit to permit the Applicants to receive 65% of the amount. 6.

Civil Application is partly allowed, permitting the Applicants to receive 65% of the amount with accrued interest on furnishing undertaking to the satisfaction of the Registrar (Judicial) of this Court.

7.

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