Reliance General Insurance ... vs Smt. Minakshi Parvatrao ...
2021 Latest Caselaw 11699 Bom

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                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            CIVIL APPELLATE JURISDICTION

                            FIRST APPEAL (ST.) NO.1064 OF 2018
                                           WITH
                            CIVIL APPLICATION NO. 1554 OF 2018
                                           WITH
                            CIVIL APPLICATION NO. 1553 OF 2018



     Reliance General Insurance Co. Ltd.             ....      Appellant

             Vs.

     Smt. Minakshi Parvatrao Karanjule               ....        Respondents
     & Ors.


     Mr. Rahul Mehta i/by KMC Legal Venture for original Appellant
     Mr. Rajesh A. More for Respondent Nos. 1 and 5.


                                         Coram : NITIN W. SAMBRE, J.

Date : 24th AUGUST, 2021 P.C.:

1. Based on the judgment of Apex Court (Constitution Bench) in

the matter of Prayan Sethi, reported in 1999 Supreme Court Cases, page

3252, Shri. Mehta, learned counsel appearing for the Appellant/ Insurance

Company would urge that the amount of Rs.1,55,000/- awarded in excess

under Miscellaneous Heads. He would further claim that Opponent No. 2

i.e. vehicle owner has not furnished any indemnity security in favour of the

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appellant and having regard to the breach of policy conditions, instead of

order of pay and recover, the liability should have been saddled on the

vehicle owner and the identity of the vehicle involved in the accident since

was not established, liability ought not to have been fastened.

2. As this Court is not inclined to show any indulgence, on

merits, Shri. Mehta seeks time till Monday, by way of last chance, so as to

enable him to make statement as to whether the appellant should

withdraw the appeal provided the claimants to give up their claim of

Rs.1,55,000/- awarded in excess, to which the claimants are entitled.

3. Accordingly, matter is adjourned to 30 th September, 2021, by

way of last chance.

4. In response to the Court's query, Shri. Mehta has fairly

responded by submitting that entire decretal amount will be deposited in

the Court below within three weeks from today. Statement is accepted.

( NITIN W. SAMBRE, J.)