Tej Kour Mayasing Tak And ORS v. The New India Assurance Co. Ltd., Thr Its Br Manager, Parbhani And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 52 CIVIL APPLICATION NO.7348 OF 2020 IN FAST/11345/2020 TEJ KOUR MAYASING TAK AND ORS

VERSUS

THE NEW INDIA ASSURANCE CO. LTD., THR ITS BR. MANAGER, PARBHANI AND OTHERS ...

Advocate for Applicants : Mr. Shinde Manoj D. Advocate for Respondent/s : Mr. M. R. Deshmukh. ...

CORAM : V. K. JADHAV, J.

DATE : 04.11.2020 PER COURT :- 1.

Heard both the sides.

2.

The respondent - insurer has preferred the appeal mainly on the ground that the risk is covered as per the Act policy to the extent of Rs.1,00,000/- only, however, this ground has not been considered by the Tribunal.

3.

In view of the same, at present without prejudice to the contentions raised by both the parties, the applicants - original claimants are permitted to withdraw an amount of Rs.1,00,000/- along with the proportionate interest, if any. An

amount of Rs.1,00,000/- along with proportionate interest, if any, shall be transferred to the Motor Accident Claim Tribunal, Parbhani and the applicants - claimants are permitted to withdraw the said amount before the Tribunal. 4.

Civil Application is disposed off.

(V. K. JADHAV, J.) ...

vmk/-