Subhash Pundalik Kakde And ORS v. Royal Sundaram Alliance Insurance Co. Ltd., Thr Its Authorized Officer And Others

1 945-ca-9499-2021.doc

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 9499 OF 2021 IN FIRST APPEAL STAMP NO. 30907 OF 2019 Subhash Pundalik Kakde and others ... Applicants

Versus

Royal Sundaram Alliance Insurance Co. Ltd.

and others ... Respondents ....

Mr. V. S. Bhale, Advocate for applicants Mr. A. S. Deshpande, Advocate for respondent No.1 Mr. N. L. Chaudhari, Advocate for respondent No.3 Mr. V. N. Upadhye, Advocate for respondent No.6 ....

CORAM : R. G. AVACHAT, J.

DATED : 15th SEPTEMBER, 2021 PER COURT :- .

Heard. Perused the impugned award.

2.

The challenge in this appeal is on the ground of quantum and negligence of the driver of the other vehicle involved in the accident. So far as the applicants-claimants are concerned, it is a case of composite negligence. In view of the same, the applicants are permitted to withdraw 80% of the amount in deposit with this Court on furnishing usual undertaking to the satisfaction of the Registrar (Judicial) of this Court.

3.

The civil application is disposed of.

[ R. G. AVACHAT, J. ] SMS