Kalidas Laxman More v. United India Insurance Company Ltd Through Its Branch Manager And ORS
( 1 )
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 926 CIVIL APPLICATION NO. 8597 OF 2025 IN FAST/5992/2025 Kalidas Laxman More
VERSUS
United India Insurance Company Ltd Through Its Branch Manager And Ors.
WITH CIVIL APPLICATION NO. 2173 OF 2025 IN FAST/5992/2025 WITH CIVIL APPLICATION NO. 2174 OF 2025 IN FAST/5992/2025 ...
Mr. Shivsamb Narayanrao Janakwade, Advocate for Applicant. Mr. S. S. Rathi, Advocate for Respondent No.1. CORAM : KISHORE C. SANT, J.
DATE : 3rd OCTOBER 2025.
PC :- 1.
Heard the learned Advocates for the parties.
2.
The applicants are the claimants who filed motor accident claim petitions arising out of same accident, and therefore, are being taken together.
( 2 ) 3.
The learned Advocate Mr. Rathi vehemently opposed the application. He submits that all these applicants were travelling in the vehicle insured by the appellant-Insurance Company. The vehicle was not supposed to carry passengers and thus there is a breach of conditions. The passengers were being carried in breach of conditions. He further submits that, in fact, the accident is between two vehicles. It is the other vehicle which is primarily responsible for the accident, as it was stationary in the middle of the road. So far as other vehicle is concerned, the Court has wrongly held the present appellant liable for 50% of the amount when, in fact, the entire liability is of the company of the other vehicle i.e. respondent No.4. They have not filed any appeal till now.
4.
Considering that the amount is only 50% of the total liability and since the amount is meager amount, this Court is inclined to allow the application. Hence, following order:
ORDER
(i) The application is partly allowed.
( 3 ) (ii) The applicant is permitted to withdraw 50% of the amount deposited in the office of this Court alongwith accrued interest on giving usual undertaking.
(iii) Remaining amount be kept in fixed deposit in any nationalized bank till final disposal of the first appeal. (iv) With this, civil application stands disposed off. [KISHORE C. SANT, J.]