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Bombay High CourtCA/2066/2017disposed offdismissed for default

Randhawanibai Sukhadeo Bulbule And Others v. The Reliance General Insurance Company Ltd. And ANR

2017-02-10Hon'Ble Shri Justice V.K. Jadhav2 pages

963 ca 2066.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 963 CIVIL APPLICATION NO. 2066 OF 2017 IN FA/285/2015 WITH CA/1215/2015 IN FA/285/2015 RANDHAWANIBAI SUKHADEO BULBULE AND OTHERS

VERSUS

THE RELIANCE GENERAL INSURANCE COMPANY LTD. AND ANR ...

Advocate for Applicants : Gore Ravindra Vitthal Advocate for Respondents : S. G. Chapalgoankar For R/1. S Rahmetali For R/2 ...

CORAM : V.K. JADHAV, J.

DATE : 10-02-2017.

P.C. :

1.

The learned counsel for the respondent-insurer submits that, there are two policies for the vehicle involved in the accident and a fake policy is produced on record and the same was confronted with the witness of the respondent-insurer. The learned counsel for the respondent-insurer further submits that the observations of the tribunal are incorrect.

2.

On perusal of the judgment and award passed by the tribunal particularly para no. 20 of the judgment. The copy of the policy exhibit-71 was confronted with the Manager of the insurer and the said witness, Manager of the insurer has accepted the policy exhibit-71 as a valid policy. Considering the observations made by the tribunal, I am inclined to permit the applicant to withdraw the entire amount on furnishing undertaking to the

963 ca 2066.17.odt satisfaction of the Registrar (Judicial). Civil application is accordingly disposed of.

(V.K. JADHAV) JUDGE mub