Balbhim Nivrutti Rasane And ORS v. United India Insurance Co. Ltd., Thr Its Manager And ORS

34 and 35.CA.with.13483.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 34 CIVIL APPLICATION NO.13483 OF 2019 IN FAST/24975/2019 PUJA NAMDEO GHUGE AND ORS

VERSUS

UNITED INDIA INSURANCE CO. LTD., THR ITS MANAGER AND ORS ...

Advocate for Applicant : Mr. Dhakane Rajendra B. Advocate for Respondent : Mr. S.G. Chapalgaonkar ...

AND 35 CIVIL APPLICATION NO.13484/2019 IN FAST/24979/2019 BALBHIM NIVRUTTI RASANE AND ORS

VERSUS

UNITED INDIA INSURANCE CO. LTD., THR ITS MANAGER AND ORS ...

Advocate for Applicant : Mr. Dhakane Rajendra B. Advocate for Respondent : Mr. S.G. Chapalgaonkar ...

CORAM

: MANGESH S. PATIL, J.

DATE : 20.11.2019 PER COURT :

Heard both the sides, the original claimants are seeking withdrawal of the amount deposited by the insurance company while preferring the First Appeals.

2.

The learned advocate for the insurance company opposes 1/2

34 and 35.CA.with.13483.19.odt the applications. He submits that there is a serious dispute about the involvement of the offending vehicle. A specific defence was taken regarding it. Even attempt was made to call the investigating officer to substantiate the defence but the request was rejected by the Tribunal. The FIR has been lodged against an unknown vehicle. It is only after 30 days statements of the persons who are related to the claimants from FA(st) No.24979/2019 are recorded and the vehicle has been involved.

3.

I have carefully gone through the papers. There is indeed a matter of dispute as regards involvement of vehicle which will have to be gone in the First Appeal. However, at this juncture it is sufficient to note that the offence has been registered against the offending vehicle driver, therefore, the claimants/applicants deserve to be allowed to withdraw 50% of the amount of the compensation by furnishing usual undertaking.

4.

The applications are allowed. The applicants are allowed to withdraw 50% of the amount of compensation for the proportion mentioned in the awards subject to furnishing usual undertaking. (MANGESH S. PATIL, J.) habeeb 2/2