Sayed Nisar Begum Sayed Rasool And ORS v. The New India Assurance Co Ltd Thr Vishvas Bansi Gaikwad And Others

1 ca 14166.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 14166 OF 2015 IN FIRST APPEAL NO. 36 OF 2011 Sayed Nisar Begum Sayed Rasool and others .. Applicants

Versus

The New India Assurance Co. Ltd., Through Vishvas Bansi Gaikwad and others .. Respondents Shri R. D. Thorad, Advocate for the Applicant. Shri M. M. Ambhore, Advocate for the Respondent No. 1. CORAM : S. V. GANGAPURWALA, J.

DATE : 23RD OCTOBER, 2015.

PER COURT :

.

Mr. Ambhore, the learned counsel for the respondent No. 1 opposes the application on the ground that, it is a case of breach of policy. Even claimants have admitted that, the deceased was not fair paying passenger. Therefore, the insurance company is not liable to pay the compensation.

2.

Considering the award passed, I pass following order. 3.

The claimants are allowed to withdraw 75% of the amount

2 ca 14166.15 deposited in proportion as awarded by the Tribunal on furnishing solvent security/surety of like amount. Remaining amount shall be kept in fixed deposit of any nationalized bank. The civil application is disposed of.

[ S. V. GANGAPURWALA, J. ] bsb/Oct. 15