Surekha Dnyaneshwar Lanke And ORS v. The New India Assurance Co. Ltd., Thr Its Authorised Signatory, Administrative Officer, Aurangabad

927.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 927 CIVIL APPLICATION NO. 14727 OF 2017 IN FAST/23232/2017 SUREKHA DNYANESHWAR LANKE AND ORS

VERSUS

THE NEW INDIA ASSURANCE CO. LTD., THR ITS AUTHORISED SIGNATORY, ADMINISTRATIVE OF ...

Advocate for Applicants : Mr. Ujjwal S. Patil Advocate for Respondent No. 1 : Mr.D. P. Deshpande.

CORAM

: K. L. WADANE, J.

DATE :

8th December, 2017 ORDER:

1.

This is an application for withdrawal of amount of compensation deposited by the Insurance Company/ respondent No.1.

2.

Heard both the sides.

3.

Learned counsel for the insurance company opposes the application on the ground that the deceased was travelling as a fare paid passenger in the vehicle involved in the accident. Therefore, there is clear cut breach of terms and conditions of the policy. 4.

As against this learned counsel for the applicants submits that the deceased was friend of the driver/owner of the vehicle involved in the accident. There is no evidence on record to show that the 1/2

927.odt deceased was fare paid passenger. At present the award is in favour of the applicants.

5.

In such circumstances, I am of the opinion that at least 50% amount of compensation can be paid to the applicants on undertaking.

6.

Application is allowed. The applicants are permitted to withdraw 50% amount of compensation together with accrued interest on undertaking that in case, adverse orders are passed against the applicants then they will redeposit the same within a period of 12 months from the date of passing of the order. 7.

Civil Application is disposed of.

(K.L.WADANE,J.) mkd 2/2