Santosh S/O Shivaji Padwal v. The New India Assurance Co. Ltd., Thr Div. Manager, Osmanabad And Others

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.8884 OF 2021 IN FIRST APPEAL NO.2199 OF 2020 Santosh s/o Shivaji Padwal ... APPLICANTS

VERSUS

The New India Assurance Company Ltd.

and others ... RESPONDENTS .......

Mr. V.B. Deshmukh, Advocate for applicant Mr. S.R. Bodade, Advocate for respondent No.1. .......

CORAM :

R. G. AVACHAT, J.

DATE :

24th September, 2021 PER COURT :

Heard. Perused the impugned award. Learned counsel for the appellant Insurance Company submits that, the truck was stationary at the extreme left of the road. The jeep had no insurance cover. The truck has been roped in. It was in fact the fault on the part of the jeep driver. 2.

The Tribunal has observed that, the truck was stationary at the middle of the road. The scene of accident panchanama, however, depicts other way round. In the fitness of things, the applicant is permitted to withdraw 60% of the amount deposited on furnishing usual undertaking. Civil Application is disposed of.

( R. G. AVACHAT ) JUDGE fmp/-