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Bombay High CourtCA/1530/2021disposed off

Sarjerao Sonrao Shendge And ORS v. United India Insurance Co. Ltd., Thr Its Div. Manager, Aurangabad And Another

2021-08-03Hon'Ble Shri Justice R. G. Avachat1 pages

1 934-ca-1530-2021.doc

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1530 OF 2021 IN FIRST APPEAL NO. 3415 OF 2019 Sarjerao Sonrao Shendge and others ... Applicants

Versus

United India Insurance Co. Ltd. and another ... Respondents ....

Mr. A. D. Aghav, Advocate for applicants Mr. A. G. Kanade, Advocate for respondent No.1 ....

CORAM : R. G. AVACHAT, J.

DATED : 03rd AUGUST, 2021 PER COURT :- .

Heard.

2.

Learned Advocate for the appellant - insurance company submits that the risk of the pillion rider has not been covered. The deceased does not qualify to be a third party. He, therefore, objected for grant of withdrawal of the amount.

3.

It is a death claim. Perused the impugned award. In the fitness of things, the applicants are permitted to withdraw a sum of Rs.2,00,000/- (Rupees Two Lakh), on condition of furnishing usual undertaking to the satisfaction of the Registrar (Judicial) of this Court.

4.

The civil application stands disposed of accordingly. [ R. G. AVACHAT, J. ] SMS