Laxmibai Shankar Lashkare And ORS v. National Insurance Co. Ltd, Thr Its Authorized Signatory And ANR

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 33 CIVIL APPLICATION NO.12573 OF 2019 IN FA/1857/2019 LAXMIBAI SHANKAR LASHKARE AND ORS

VERSUS

NATIONAL INSURANCE CO. LTD, THR ITS AUTHORIZED SIGNATORY AND ANR ...

Advocate for Applicants : Taher Ali Quadri Adv.Ajit B. Kadethankar For R/1 ...

CORAM : MANGESH S. PATIL, J.

DATE : 04.12.2019 P.C. :- Heard both the sides.

2] The learned advocate for the insurance company opposes the application on the ground that there is dispute as to the involvement of the vehicle in as much as the F.I.R. has been lodged couple of days after the accident and there is some discrepancy in mentioning the registered number of the truck.

3] I have carefully gone through the reasonings given by the Tribunal which has come to the conclusion that the vehicle insured with the appellant insurance company was indeed involved in the accident. 4] Considering the fact that the applicant no.3 is still a minor, in my considered view, nothing can be allowed to be withdrawn to his deprivation. 5] The application only to the extent of applicant nos.1,2,4 and 5 is allowed. They are allowed to withdraw 75% of the amount of compensation deposited in this Court which they have been found entitled to by the

( 2 ) impugned award by furnishing usual undertaking. [MANGESH S. PATIL, J.] umg/