Aayesha Khatun Islamuddin And Ors vs Cholamandalam Ms General Insurnace ...
2024 Latest Caselaw 14629 Bom

Bombay High Court

Aayesha Khatun Islamuddin And Ors vs Cholamandalam Ms General Insurnace ... on 7 May, 2024

                             1                    919ca4471.24



     IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                  BENCH AT AURANGABAD

           919 CIVIL APPLICATION NO. 4471 OF 2024
                       IN FA/4465/2023

           AAYESHA KHATUN ISLAMUDDIN AND ORS
                            VERSUS
     CHOLAMANDALAM MS GENERAL INSURNACE COMPANY
                       LIMITED AND ORS
                               ...
         Advocate for Applicant : Mr. Mayure Pramod C.
        Advocate for Respondents : Mr. A.S. Usmanpurkar
                               ...


                                  CORAM : S. G. MEHARE, J.

                                  DATE    : 07th MAY, 2024.

PER COURT :


1.         Heard the learned Counsel for the respective parties.



2.         This application has been opposed on the ground

that the risk of traveler in the goods vehicle was not covered in

the insurance contract.



3.         Learned Counsel for the applicants submits that the

officer of the insurer admitted that two licensed passengers were

covered under the insurance policy.
                                2                       919ca4471.24



4.           Considering the issue involved in the case, the

application deserves to be partly allowed. Hence the following

order :

                               ORDER

a) The application is partly allowed.

b) The applicants are allowed to withdraw 75% of the amount deposited with this Court, with proportionate interest accrued on it, on undertaking that they would re-deposit money in this Court, within one month, if the impugned judgment and order is reversed.

c) Applicant No. 1, mother shall furnish undertaking for and on behalf of the minor children.

d) The amount be apportioned equally.

e) The share of the minor be invested in Fixed Deposits, in any nationalized bank of the choice of the applicant-mother under her guardianship, till the minor applicants attains the majority with a right to receive the interest on it with quarterly rests.

( S. G. MEHARE ) JUDGE mahajansb/