Mangal Rajendra More And Ors vs United India Insurance Company Ltd And ...
2024 Latest Caselaw 3299 Bom

Bombay High Court

Mangal Rajendra More And Ors vs United India Insurance Company Ltd And ... on 2 February, 2024

2024:BHC-AUG:2580
                                                  1                   28-CA-14544-23-w.odt




                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD


                     CIVIL APPLICATION NO. 14544 OF 2023 IN FAST/18928/2023

                             MANGAL RAJENDRA MORE AND OTHERS
                                              VERSUS
                      THE UNITED INDIA INSURANCE COMPANY LTD THROUGH
                                         BRANCH OFFICER
                                                 ...
                       Advocate for Applicants/claimants : Mr. Amol S. Gandhi
                          Advocate for Respondent No.1 : Mr. S. R. Bagal
                                                 ...

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


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

                the learned counsel for the respondent No.1/appellant.


                2.    Learned counsel for the insurer submits that since the

                offending vehicle is not involved in the accident and there was

                inordinate delay in F.I.R., insurer is not liable to pay compensation.


                3.    Per contra, learned counsel for the applicants/claimants

                submits that the learned Tribunal has considered all these factors

                and correctly discarded the defence. The applicants were widow,

                minor children and old aged mother. They have lost their income

                source.


                4.    Considering the dispute raised before this Court, the

                application deserved to be partly allowed. Hence, the order;
                                   2                   28-CA-14544-23-w.odt



                                ORDER

i) The application is partly allowed.

ii) The applicants are permitted to withdraw the amount of

Rs.20,00,000/- (Rs. Twenty Lakh Only) from the amount

deposited and apportioned as per the apportionment done

by the learned Tribunal, on furnishing an undertaking that

they will deposit the amount, if the impugned judgment and

award is reversed.

iii) The balance amount be invested in the fixed deposit in any

Nationalized Bank, as per rules.

( S. G. MEHARE ) JUDGE

rrd