Babulal Abbas Shaikh And Anr vs The Branch Managersaheb Future General ...
2024 Latest Caselaw 14604 Bom

Bombay High Court

Babulal Abbas Shaikh And Anr vs The Branch Managersaheb Future General ... on 7 May, 2024

2024:BHC-AUG:10085

                                           1                     917ca4436.24



                     IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                  BENCH AT AURANGABAD

                          917 CIVIL APPLICATION NO. 4436 OF 2024
                                      IN FA/342/2024

                                  SHAHRUKH ISAK MOMIN
                                          VERSUS
                   FUTURE GENERAL INDIA INSURANCE COMPANY THE
                                BRANCH MANAGER AND ANR
                                             ...
                        Advocate for Applicant : Mr. Badakh Vishal S.
                Advocate for Respondents : Mr. A.C. Chaudhari (Through V.C.)
                                             ...

                                             AND

                          918 CIVIL APPLICATION NO. 4461 OF 2024
                                      IN FA/346/2024

                            BABULAL ABBAS SHAIKH AND ANR
                                       VERSUS
                    THE BRANCH MANAGERSAHEB FUTURE GENERAL INDIA
                                 INSURANCE COMPANY

                                             ...
                        Advocate for Applicant : Mr. Badakh Vishal S.
                Advocate for Respondents : Mr. A.C. Chaudhari (Through V.C.)
                                             ...


                                                 CORAM : S. G. MEHARE, J.

                                                 DATE    : 07th MAY, 2024.

               PER COURT :


               1.         Heard the learned Counsel for the respective parties.
                                        2                         917ca4436.24



2.                The appellant has a ground that it was a case of

drunk and drive. It was a violation of the insurance policy.



3.                Learned Counsel for the applicant submits that the

appellant         could    not     prove    the   defence.       Therefore,     the

application may be allowed.



3.                In view of the specific ground raised in appeal,

following order has been passed :

                                      ORDER

a) Both the applications are partly allowed.

b) Applicants are allowed to withdraw 50% amount with proportionate interest accrued there on, deposited with this Court on the undertaking that they would re-deposit the money with this Court within eight weeks, if the impugned judgment and award is reversed.

( S. G. MEHARE ) JUDGE

mahajansb/