Mr. Arif Akbar Pathan And ANR. v. Icici Lombard General Insurance Co. Ltd., Mumbai

6. FA 190 of 2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL FIRST APPEAL NO. 190 OF 2023 ICICI LOMBARD General Insurance Co. Ltd. Mumbai ...Appellant vs.

Mr. Arif Akbar Pathan and Anr.

...Respondents

ALONGWITH INTERIM APPLICATION NO. 11519 OF 2024 IN CIVIL FIRST APPEAL NO. 190 OF 2023 Mr. Arif Akbar Pathan and Anr.

...Applicants vs.

ICICI LOMBARD General Insurance Co. Ltd. Mumbai

...Respondent

***** Adv. Varsha Chavan Advocate for the Appellant Mr. Amol Gatne i/by Ms. Swati U.

Mehta Advocate for the Respondent ***** CORAM :

S. M. MODAK, J.

DATE :

24th OCTOBER 2024 P. C. :- 1.

Heard learned Advocate Ms. Chavan for the AppellantInsurance Company and learned Advocate Shri Gatne for the Seema 1/2

6. FA 190 of 2023.doc Claimant-Respondent.

2.

It is true that this Court has allowed the Claimants to withdraw 35 % as per Order dated 10.04.2023. Interim Application is filed for second withdrawal.

3.

There is an emphasis by learned Advocate Ms. Chavan that in fact the accident took place due to sole negligence of the Claimant. There is divergent opinion about the answers given by the Claimant in the cross-examination. My attention is invited to para no. 26 of page no. 58 of the compilation. Suggestion was given to the Claimant that accident took place due to your negligence. There is divergent of opinion, 'whether he has admitted that suggestion or denied it'. No doubt, it is true that in the concerned line the word 'not' is not typed word, but it is handwritten word.

4.

In view of that let record and proceedings be called on the next date to decide the withdrawal application on that date. 5.

Matter be kept on 14th November 2024.

[S. M. MODAK, J.] Seema 2/2 Signed by: Seema Yelkar Designation: PA To Honourable Judge Date: 25/10/2024 11:35:07