Satyavati Ramesh Mamdapure And Other v. The New India Assurance Company Ltd And ORS

2025:BHC-AUG:20439 1 957(ii).CA-7979-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 957 CIVIL APPLICATION NO. 7979 OF 2025 IN FAST/13901/2025 SATYAVATI RAMESH MAMDAPURE AND OTHER

VERSUS

THE NEW INDIA ASSURANCE COMPANY LTD AND ORS ...

Advocate for the Applicants : Mr.N.D.Kendre h/f. Mr. Uddhav Laxmanrao Momale Advocate for Respondent No.1 : Mr.S.S.Rathi ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 31st JULY 2025 PER COURT :

.

Applicant/claimant is anxious to get amount of (Rs.6,60,725 +Rs. 25000) in aggregate Rs.6,85,725/- deposited by the insurance company in this Court.

2.

For the reasons stated in the application, applicant/injured is claiming the amount.

3.

Learned counsel for the insurance company would submit that insurance company can not be held liable because the offending truck was being driven rashly, negligently and it is the sole liability of the driver and owner of the truck. It is contended that in distinct claim petitions arising out of the same accident, insurance company has been exonerated.

4.

Both sides have raised contentious issues which are required to

2 957(ii).CA-7979-2025.doc be addressed after full-fledged hearing. It is not possible to hear matter finally at this stage.

5.

For the reasons stated in the application and considering impugned judgment, it is desirable to permit the applicant to receive 50% of the amount.

6.

Civil application is partly allowed by permitting the applicant to receive 50% of the amount with accrued interest deposited in this Court on furnishing undertaking to the satisfaction of Registrar (Judicial) of this Court.

7.

Balance amount shall be invested in nationalized bank. [ SHAILESH P. BRAHME, J.] vsj..