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Bombay High CourtCA/12472/2021disposed off

Vaishali Suresh Patole And ORS v. The New India Assurance Co. Ltd., Thr The Manager And ANR

2021-11-24Hon'Ble Shri Justice R. G. Avachat1 pages

934-CA-12472-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 12472 OF 2021 IN FIRST APPEAL (ST) NO. 27824 OF 2019 Vaishali Suresh Patole and Others ..APPLICANTS

VERSUS

The New India Assurance Co. Ltd.

Through the Manager and Others ..RESPONDENTS ....

Mr. A.S. Bajaj, Advocate for applicants Mr. A.S. Usmanpurkar, Advocate for respondent no.1 ....

CORAM : R.G. AVACHAT, J.

DATED : 24th NOVEMBER, 2021 PER COURT :

1.

Heard.

2.

According to learned counsel for the applicants, it is a case of contributory negligence. The police has however, charged the driver of the offending vehicle.

3.

In the fitness of things, the applicants are permitted to withdraw 60% of the amount in deposit as against usual undertaking to the satisfaction of the Registrar (Judicial) of this Court. Civil application stands disposed of. ( R.G. AVACHAT, J. ) SSD 1 / 1