Janabai Gajanan Hajare v. The Icici Lombard General Insurance Company Ltd. And Others

928ca13353.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 928 CIVIL APPLICATION NO. 13353 OF 2015 IN FAST/34879/2014 JANABAI GAJANAN HAJARE

VERSUS

THE ICICI LOMBARD GENERAL INSURANCE COMPANY LTD. AND OTHERS ...

Advocate for Applicant : Mr. Bide Dnyaneshwar A Advocate for Respondent No.1 :Mr A G Choudhari

CORAM

: V. K. JADHAV, J.

DATE :

16th March, 2016 PER COURT :

1.

Heard learned counsel for the applicant /claimant and learned appearing for respondent No.1/Insurer. 2.

Applicant is widow. The appellant insurer has raised defence of breach of condition of policy. However, the learned Member of the Motor Accidental Tribunal has recorded finding in the negative with the observation that the deceased was travelling in the truck, unauthorizedly. In view of this, the applicant is permitted to withdraw the amount under the award on executing undertaking. Hence following order is passed:

O R D E R

i.

The applicant is permitted to withdraw an amount of Rs. 2,48,264/- deposited in this court on submitting undertaking to the satisfaction of the Registrar Judicial of this Court.

ii.

Civil application is accordingly disposed of. ( V. K. JADHAV, J. ) JPC