Raghuvirsing Dharamsing Padvi And ANR v. Legal Manager, Cholamandalam Ms General Insurance Company Ltd And ANR

2025:BHC-AUG:21316 1 960 ca 8051.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 8051 OF 2025 IN FIRST APPEAL NO. 1496 OF 2025 Raghuvirsing Dharamsing Padvi and another .. Applicants

Versus

Legal Managar, Cholamandalam MS General Insurance Co. Ltd. and another .. Respondents Shri Pramod C. Myure, Advocate for the Applicants. Shri A. S. Usmanpurkar, Advocate for the Respondent No. 1. CORAM : SHAILESH P. BRAHME, J.

DATE : 08TH AUGUST, 2025.

FINAL ORDER :

.

Heard both sides. Parents of the deceased are claiming amount of Rs. 13,54,517/- deposited by the insurance company in this court besides the statutory deposit of Rs. 25,000/- for the reasons stated in the application.

2.

Application is contested by the learned counsel Mr. Usmanpurkar for the respondent No. 1/Insurance Company. Appeal is preferred being dissatisfied by the quantum as well as liability of the insurance company, as the deceased was traveling in tractor.

2 960 ca 8051.25 3.

Considering rival submissions of the parties, I am inclined to allow the applicants to receive 70% of the amount deposited in this Court. The civil application is partly allowed permitting the applicants to receive 70% of the amount deposited in this Court with accrued interest on furnishing undertaking to the satisfaction of the Registrar (Judicial). Balance amount shall be invested in any nationalized bank. The civil application is disposed of.

[ SHAILESH P. BRAHME J. ] bsb/Aug. 25