Shashikalabai Bajirao Deshmnukh v. The New India Assurance Company Ltd., Thr Its Branch Manager, Parbhani And ANR

958.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 958 CIVIL APPLICATION NO. 11596 OF 2017 IN FA/1253/2011 SHASHIKALABAI BAJIRAO DESHMNUKH

VERSUS

THE NEW INDIA ASSURANCE COMPANY LTD., THR ITS BRANCH MANAGER, PARBHANI AND ANR ...

Advocate for Applicant : Mt. Deshmukh N. E.

Advocate for Respondent No.1 : Mr. S. G. Chapalgoankar

CORAM

: K. L. WADANE, J.

DATE :

12th September, 2017 ORDER:

1.

Heard both sides.

2.

Mr. Chapalgaonkar, the learned counsel appearing for the respondent/insurance company has seriously disputed the liability of the Insurance company to pay compensation since the risk of passengers in the vehicle was not at all covered by the policy. Therefore, Mr. Chapalgaonkar, the learned counsel submits that the first appeal may be listed for final hearing. Mr. Chapalgaonkar, submits that there are other two connected appeals i.e. First Appeal Nos. 1254/2011 and 1255/2011.

3.

In view of the above, civil application for withdrawal of amount is disposed of.

4.

List the First Appeal No. 1253/2011 alongwith other two connected appeals i.e. First Appeal Nos. 1254/2011 and 1255/2011 for final hearing in the week commencing from 25th September, 2017.

(K. L. WADANE, J.) JPC