Nirmala Wdo Vijay Gopal And ORS v. The New India Assurance Company Ltd And ANR

2025:BHC-AUG:23099 959 CA 9051 25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 959 CIVIL APPLICATION NO. 9051 OF 2025 IN FAST/15057/2025 NIRMALA WDO VIJAY GOPAL AND ORS

VERSUS

THE NEW INDIA ASSURANCE COMPANY LTD AND ANR ...

Advocate for Applicant : Mr. Pawar Dnyaneshwar Babasaheb Advocate for Respondent no. 1 : Mr. Mohit R. Deshmukh

CORAM

: SHAILESH P. BRAHME, J.

DATE : 22.08.2025 PER COURT :

Heard both sides.

2.

This application is for withdrawal of amount of Rs. 33,82,083/- deposited by the respondent-insurance company. The claimants are stated to be the dependents of the deceased and they are in dire need of money. 3.

The application is contested by the learned counsel Mr. Deshmukh. He would submit that there is fundamental breach of policy because the driver of the offending vehicle is owner himself and he was not holding valid driving licence. The first appeal is preferred challenging the quantum also. 4.

I have considered the rival submissions of the parties. It is not possible at this juncture to record a specific findings on the merit of the matter. Considering the factum of death and dependency of the applicants, this Court is of the considered view that ends of justice would be made by 1/2

959 CA 9051 25.odt permitting the applicant to receive 50% of the amount on furnishing undertaking.

5.

The Civil Application is partly allowed, permitting the applicants to receive 50% of the amount with accrued interest on furnishing undertaking to the satisfaction of this Court. Balance amount shall be invested in any nationalized bank.

( SHAILESH P. BRAHME, J.) mkd/- 2/2