Smt Chhayabai Bhaskar Jogi And ORS v. Akbar Mohammad Shaikh And ORS

2025:BHC-AUG:21680 1 937(iv).CA.6850-2025.doc * Correction has been carried out in view of speaking to minutes order dated 07.08.2025.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 6850 OF 2025 IN FAST/20968/2024 SMT CHHAYABAI BHASKAR JOGI AND ORS

VERSUS

AKBAR MOHAMMAD SHAIKH AND ORS ...

Advocate for Applicants : Mr. Madhav Moreshwar Bhokarikar Advocate for Respondent No.3: Mr. Bagal Suraj R. ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 8th JULY 2025 PER COURT :

1.

This application is for withdrawal of amount of Rs.48,12,690/- + Rs.25000/- = Rs.48,37,690/- deposited by the Insurance Company.

2.

Application is opposed by Mr. S. R. Bagal Counsel for the Insurance Company on the ground that its a case of contributing negligence and there were three persons on the motor cycle. Income of the deceased was wrongly calculated considering Rs.14400/- per month. There was no corroborative evidence.

3.

Considering the contents of the application and the rival submissions of the parties, it would be appropriate to permit the Applicants to receive 60% of the amount deposited in this Court.

2 937(iv).CA.6850-2025.doc 4.

Civil Application is partly allowed, permitting the Applicants to receive 60% of the amount with accrued interest on furnishing undertaking to the satisfaction of the Registrar (Judicial) of this Court.

SHAILESH P. BRAHME JUDGE NAJEEB..