Ramsingh Shriramsingh Thakur v. M/S. Shriram General Insurance Co. Ltd., Thr Its Branch Manager, Aurangabad And ORS

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 34 CIVIL APPLICATION NO.12990 OF 2019 IN FA/1084/2019 RAMSINGH SHRIRAMSINGH THAKUR

VERSUS

M/S. SHRIRAM GENERAL INSURANCE CO. LTD., THR ITS BRANCH MANAGER, AURANGABAD AND ORS ...

Advocate for Applicant : Taher Ali Quadri Adv.S. G. Chapalgoankar 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 strongly opposes the application. He submits that there is serious dispute about involvement of the truck insured with it. The FIR was initially registered against an unknown vehicle and it is only lateron that this truck has been involved. There is no sufficient evidence led before the Tribunal about identity of the offending vehicle, therefore, the applicant may not be allowed to withdraw anything. 3] Considering the fact that it is an injury claim and the Tribunal has also prima facie given some plausible reasons concluding as to how the truck insured with this insurance company was involved in the accident. In my

( 2 ) considered view applicant deserves to be paid 75% of the amount deposited in this Court.

4] The applicant is allowed to withdraw 75% of the amount deposited in this Court by furnishing usual undertaking.

[MANGESH S. PATIL, J.] umg/