Mangal Santosh Adhav And Others v. New India Assurance Co. Ltd. Thr Its Authorized Signatory Aurangabad And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 6 CIVIL APPLICATION NO. 10479 OF 2018 IN FAST/28962/2015 MANGAL SANTOSH ADHAV AND OTHERS

VERSUS

NEW INDIA ASSURANCE CO. LTD. THR ITS AUTHORIZED SIGNATORY AURANGABAD AND ORS ...

Advocate for Applicants : Mr. Tambe Rahul A.

Advocate for Respondent no.1 : Mr. S. G. Chapalgaonkar Advocate for Respondent no.3 : Mr.A. T. Kanawade & Shardul S.Dev .....

CORAM : SUNIL K. KOTWAL, J.

DATE : OCTOBER 15, 2018 O R D E R :

Heard learned counsel for the applicants and the learned counsel for the insurance company. 2.

It is pointed out that permit of the offending vehicle was not renewed up to the date of accident. However, at this stage, on technical objection, no opinion can be expressed.

3.

Considering the nature of litigation as death claim, permission is granted to the applicants to

ca10479.18 withdraw 50 per cent amount, subject to filing of written undertaking in First Appeal by applicant nos. 1, 4 and 5 to deposit the withdrawn amount as and when directed by this Court. Remaining amount shall be invested in any Nationalized Bank in fixed deposit till final hearing of this appeal.

4.

50 per cent amount with proportionate interest thereon be transmitted to the Motor Accident Claims Tribunal, Shrirampur, for its payment. The Motor Accident Claims Tribunal, Shrirampur to obtain written undertaking from applicant nos. 1, 4 and 5 as directed above and transmit the same to this Court in First Appeal Stamp No. 28962 of 2015.

5.

The Registrar (Judicial) to act accordingly.

6.

Civil Application is disposed of.

[SUNIL K. KOTWAL, J.] dbm