Sonali Bibhishan Dhane And Others v. Bajaj Alianz General Insurance Company Ltd And ANR

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 45 CIVIL APPLICATION NO. 12327 OF 2024 IN FA/1347/2024 Sonali Bibhishan Dhane And Others

VERSUS

Bajaj Alianz General Insurance Company Ltd And Anr WITH CIVIL APPLICATION NO. 5989 OF 2024 IN FA/1347/2024 ...

Mr. Mahesh Kale Advocate for Applicant.

Mr. Mohit R. Deshmukh for Respondent No.2.

CORAM : KISHORE C. SANT, J.

DATE : 6th DECEMBER 2024 PC :- 1.

Heard.

2.

The application is opposed by the learned Advocate Mr.Deshmukh appearing for respondent - Insurance Company. He submits that the very involvement of the vehicle is doubtful. Income is also taken on higher side without sufficient record. Considering that, the following order:-

( 2 )

ORDER

(i) Application is partly allowed.

(ii) The applicant No. 1 and 3 are permitted to withdraw 50% of the amount of their share alongwith accrued interest on furnishing usual undertaking.

(iii) Further 25% of the amount is allowed to be withdrawn along with accrued interest on furnishing solvent surety/security to the satisfaction of the learned Registrar (Judicial) of this Court. (iv) The applicant No.2, who is minor, is at liberty to file application after attaining majority.

(v) Remaining amount be kep in any fixed deposited in any nationalized bank pending the appeal.

(vi) Application stands disposed off.

CIVIL APPLICATION FOR STAY 1.

Since the amount is already deposited, the application for stay is allowed.

2.

Application stands disposed off.

( 3 ) FIRST APPEAL .

Call record and proceedings.

[KISHORE C. SANT, J.] Ethape