Chandrakant Shrihari Jarhad And ANR v. Hdfc Ergo General Insurance Co. Ltd., Thr Its Branch Manager, Aurangabad And ANR

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 18 CIVIL APPLICATION NO.10610 OF 2019 IN FA/3072/2019 CHANDRAKANT SHRIHARI JARHAD AND ANR

VERSUS

HDFC ERGO GENERAL INSURANCE CO. LTD., THR ITS BRANCH MANAGER, AURANGABAD AND ANR ...

Advocate for Applicants : Garud N.c.

Adv.S. G. Chapalgaonkar For R/1 Adv.Kalyani Kale h/f Arvind Kale For R/2 ...

CORAM : MANGESH S. PATIL, J.

DATE : 10.12.2019 P.C. :- Heard both the sides.

2] This is an application by the original claimants who are legal representatives of the deceased under the Employee's Compensation Act. 3] The learned advocate for the appellant insurance company opposes the application. He submits that the deceased was travelling on the mud guard of a tractor head. Going by the terms and conditions of the policy also only driver/cleaner/employee was covered for which an additional premium of Rs.50/- was paid. There is a serious issue regarding breach of the terms and conditions as also regarding absence of cover. 4] Even according to the insurance company, additional premium of Rs.50/- was paid to cover the risk of driver/cleaner/employee. 5] However, considering the dispute, only 50% of the amount can be

( 2 ) allowed to be withdrawn.

6] The application is allowed. The applicants claimants are allowed to withdraw 50% of the amount deposited before the office of the Commissioner together with interest by furnishing undertaking in usual terms to be furnished before the Commissioner.

[MANGESH S. PATIL, J.] umg/