Bombay High Court
Bharti Axa General Insurance Co. ... vs Purushottam Ranuji Nawale And ... on 24 August, 2021
Bench: S. M. Modak
caf.2210.18 1/3
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
Civil Application [CAF] No.2210 of 2018
in
First Appeal St.No.25097 of 2017
Bharti AXA General Insurance Co. Ltd.
vs.
Purushottam Ranuji Nawale & others
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Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders
or directions and Registrar's orders.
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Shri A.J. Pophaly, Advocate for the Applicant/Appellant.
Ms. Gayatri Dive h/f Shri P.R. Agrawal, Advocate for Respondent
Nos.1 to 4 & 6.
CORAM : S.M. MODAK, J.
DATE : 24th AUGUST, 2021.
Heard the learned Advocate for the
appellant and the learned Advocate for respondent
Nos.1 to 4 & 6-original claimants.
Though notices were sent to respondent
Nos.7 & 8-owner and driver of the insured vehicle
respectively, they have not appeared. Service report
is also not on record. Though both of them have filed
written statement before the Tribunal, they have not
given any evidence. Hence, the matter is taken up for
hearing.
The judgment is delivered by the Motor
Accident Claims Tribunal, Amravati on 22/12/2016.
Whereas the certified copy was applied on 20/09/2017
and the copy was delivered on 25/09/2017 that is why
there is a delay of 246 days in preferring an appeal. It
is opposed on behalf of the contesting respondents. It
is mentioned in the application that the appellant is
caf.2210.18 2/3
not having knowledge about the decision and when
the execution notice is received, they are aware
about the judgment. How it can be accepted, because
the Insurance company is party to the litigation.
Orally, it is submitted that the learned Advocate
representing the insurance company has not informed
to the insurance company. The litigant should not
suffer on the inaction on the part of the learned
Advocate appearing before the Tribunal, but it has to
be subject to the costs. Hence the order :
i. The delay of 246 days caused in preferring an
appeal is condoned subject to deposit of costs of
Rs.500/- to the High Court Legal Services Sub
Committee, Nagpur.
ii. Subject to that, the appeal be registered.
Civil Application [CAF] No.1446/2021:
Heard the learned Advocate for the
claimants and the learned Advocate for the appellant-
insurance company.
The insurance company has deposited
Rs.13,51,597/- before the Tribunal, Amravati. The
claimant Nos.1 to 4 are the husband and major
children of the deceased, whereas claimant No.6 is
the mother-in-law. She has not been granted any
compensation.
In view of that 100% withdrawal is not
allowed. Respondent Nos.1 to 4 are permitted to
withdraw Rs.5,00,000/-. Hence, the directions :
caf.2210.18 3/3
I. The application is allowed.
II. Respondent Nos.1 to 4 are permitted to
withdraw Rs.5,00,000/-.
III. The Tribunal, Amravati is directed to transfer
the amount of Rs.5,00,000/- in the bank
account of respondent No.1-Purushottam
Nawale.
IV. Respondent No.1 is directed to give bank
details and also the authorization on behalf of
respondent Nos.2 to 4 to get the entire
amount.
V. After deposit, respondent No.1 to deal with the
amount as per the directions of the Tribunal.
VI. The application is disposed of.
First Appeal St. No.25097/2017 :
Heard.
Admit.
Issue notice to the respondents.
Learned Advocate Ms. Dive waives notice
for respondent Nos.1 to 4 & 6.
Fresh notice be issued to respondent Nos.7
& 8 by R.P.A.D. in addition to usual mode of service.
Call for record and proceedings.
The matter be referred to the Lok-Adalat
when it will be organized. The parties to appear before
the Lok-Adalat.
JUDGE
*sandesh
