Asha Suresh Bhavsar And Ors vs The Cholamandalam Ms General Insurance ...
2024 Latest Caselaw 3269 Bom

Bombay High Court

Asha Suresh Bhavsar And Ors vs The Cholamandalam Ms General Insurance ... on 2 February, 2024

2024:BHC-AUG:2585
                                                   1                   34-CA-201-24-w.odt




                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD


                                 CIVIL APPLICATION NO. 201 OF 2024
                                         IN FAST/23947/2023

                                ASHA SURESH BHAVSAR AND OTHERS
                                              VERSUS
                     THE CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD
                                                 ...
                            Advocate for Applicants : Mr. Shrikant S. Patil
                        Advocate for Respondent No.1 : Mr. Abhijit S. Choudhari
                                                 ...

                                                       CORAM : S. G. MEHARE, J.
                                                       DATE   : 02-02-2024
                PER COURT :-


                1.      Heard the learned counsel for the applicants and the learned

                counsel for respondent No.1/appellant.


                2.      The appellant/insurer has a case of contributory negligence.

                Hence, exoneration of another insurance company is incorrect

                findings of the learned Tribunal. The husband and the wife died in

                an accident as the offending vehicle came on the road crossing the

                divider. Considering the submission as regards the happening of

                the accident, it is doubtful. It is a case of contributory negligence.

                The children were minor at the time of the incident. Still they are

                minor, their grand-mother is taking their care.             However,

                considering the defence, the following order is passed;

                                                 ORDER

i) The application is partly allowed.

2 34-CA-201-24-w.odt

ii) The applicants are entitled to withdraw Rs.90,00,000/- (Rs.

Ninety Lakhs Only) from the amount deposited with this

Court. Out of Rs.90,00,000/- (Rs. Ninety Lakhs Only),

Rs.30,00,000/- (Rs.Thirty Lakhs Only) each be invested in the

name of applicants No.2 and 3/minor children, in the fixed

deposit, till they attain the majority, under the guardianship

of applicant No.1/grandmother, in any Nationalized Bank,

with right to accrue interest at quarterly rests.

iii) Out of Rs.30,00,000/- (Rs.Thirty Lakhs Only), amount of

Rs.15,00,000/- (Rs.Fifteen Lakhs Only) be deposited in the

name of applicant No.1/grandmother with right to accrue the

interest at quarterly rests and remaining Rs.15,00,000/-

(Rs.Fifteen Lakhs Only) be released to her on furnishing an

undertaking that she will deposit money, if the impugned

judgment and award is reversed.

iv) The rest of the amount be invested in the fixed deposit in

any nationalized bank till final disposal of the appeal, as per

the rules.

( S. G. MEHARE ) JUDGE

rrd