Kantabai Natha Khedkar And Others v. The Senior Divsional Manager Reliance General Insurance Co Ltd And Others

54-C.A14881-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 14881 OF 2023 IN FAST/10804/2023 Kantabai Natha Khedkar And Others ....Applicant

VERSUS

The Senior Divsional Manager Reliance General Insurance Co Ltd And Others .....Respondent .....

Advocate for Applicant : Mr. Anand Dale h/f Mr.S.S. Rathi Advocate for Respondent No.1 : Mr. Rohit H. Dahat ....

CORAM : S. G. MEHARE, J.

DATE : 19.01.2024 PER COURT :

1.

Heard the learned counsel for the applicant and the learned counsel for the respondent/ appellant.

2.

The Tribunal held that the person who caused the accident did not possess the driving license; hence, pay and recover order was passed.

3.

The insurance company/appellant has deposited 100% amount of the award. The award amount is very meager. Hence pay and

54-C.A14881-23.odt recover amount is passed. There is no difficulty to allow the application as prayed. Hence, the following order.

ORDER

(i) The application is allowed.

(ii) The applicants are allowed to withdraw the amount deposited with this Court by the appellant insurer along with interest accrued thereon on the undertaking that if the award is reversed they will deposit the amount in | Court.

( S. G. MEHARE ) JUDGE ysk