Chatur Lotan Choudhari v. Bajaj Alliance General Insurance Company Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 918 CIVIL APPLICATION NO.15893 OF 2022 IN FIRST APPEAL STAMP NO.21962 OF 2022 1] Chatur Lotan Choudhari, Age : 47 years, Occupation : Service, 2] Sangita Chatur Choudhari, Age: 38 years, Occupation : Housework, Both Resident of : Room No.13, Shivshakti Bhavan-3, Santoshi Mata Mandir Road, Kalyan [West], Kalyan D.C., Thane.

.. APPLICANTS [Org.Claimants]

VERSUS

1] Bajaja Allianz General Insurance Company Limited Through the Manager, Resident of : 1st Floor, Shri Ganesh Plaza, Near Hotel Sandip, Kute Road, Backside of Mahamarg Bus Stand, Nashik.

2] Bhausaheb Ananda Gangurde Since deceased hence Through Legal Representative 2-A.Kalpana Bhausaheb Gangurde Age: 45 years, Occupation : Service Resident of : Krushna Flat No.103, Ramchandra Colony, Dharmaji Place, Mourya Nagari, Post - Manere, Taluka Amarnath, District Ulhasnagar.

3] Vijaykumar Kalu Masule, Age: 40 years, Occupation : Driver, Resident of : Gotane, Taluka and District Dhule.

4] Bhaskar Namdeo Suryawanshi Age: 45, Occupation : Truck Owner, Resident of : Fagne, Taluka and District Dhule.

5] The Divisional Officer, The Oriental Insurance Company Limited, Resident of : Pshpanjali Market, Infront of Rajkamal Talkies, Dhule, District Dhule.

.. RESPONDENTS ...

Mr.Mukul S. Kulkarni, Advocate for the applicants Mr.M.R.Deshmukh, Advocate for the respondent no.1 Mr.B.K.Patil, Advocate for the respondent No.2A. ...

CORAM :ARUN R. PEDNEKER, J.

DATE :27.07.2023 P.C. :

1] Heard the learned counsel for the parties.

2] The quantum of compensation is not at issue in the present First Appeal. The appeal is filed on the ground of contributory negligence.

3] In the event the Insurance Company succeeds in the present First Appeal, then the compensation would be borne by the other Insurance company. As such, the claim of the claimants would not be reduced.

4] In view of the same, the following order is passed :

ORDER

i] In view of the same, the applicant no.1 is permitted to withdraw the amount of Rs.1,50,000 /- along with the interest accrued thereon. The applicant no.2 is also permitted to withdraw the amount of Rs.2,00,000/- along with the interest accrued thereon.

ii] The applicants to file undertaking that in the event the appellant succeeds in the matter, the amount withdrawn will be returned to the Court within eight weeks of the order of this Court.

iii] Civil Application is disposed of accordingly. [ARUN R. PEDNEKER] JUDGE DDC