Sarubai Amrut Bramhane And Others v. New India Assurance Co. Ltd. Aurangabad And Another

ca2525-15 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.2525/2015 IN FIRST APPEAL NO. 2271 OF 2014 SARUBAI AMRUT BRAMHANE AND OTHERS

VERSUS

NEW INDIA ASSURANCE CO. LTD. AURANGABAD ...

Advocate for Applicants : Patil Vinod Prakash Advocate for Respondent : Chapalgaonkar S.G.

...

CORAM : S.V.GANGAPURWALA,J.

DATED : 26TH OCTOBER, 2015 PER COURT :- Mr.Chapalgaonkar, learned counsel for the insurance company opposes the said application on the ground that the deceased himself was negligent in driving the vehicle and the issue with regard to the factum considering negligence of the deceased even in claim u/s 163(A) of the Motor Vehicles Act is referred to the Larger Bench of the Apex Court.

2] Considering the award passed, it would be appropriate to allow claimants to withdraw 50% of the amount deposited. 3] In light of above, I pass following order :

4] The claimants are allowed to withdraw 50% of the amount deposited in proportion as awarded by Tribunal on submitting

ca2525-15 -2undertaking to the Court. Remaining 50% of the amount be kept in Fixed Deposit in Nationalised Bank. Civil Application is disposed of. [S.V.GANGAPURWALA,J.] umg/