Bombay High Court
Babasaheb Rambhau Ghatge vs Eknath Apparao Aher And Others on 26 February, 2021
Bench: V.K. Jadhav
1 WP 15576.2019.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
1130 WRIT PETITION NO.15576 OF 2019
BABASAHEB RAMBHAU GHATGE
VERSUS
EKNATH APPARAO AHER AND OTHERS.
...
Advocate for Petitioner : Mr. R J Nirmal
Advocate for Respondents 1-3 : Mr. Mahesh P. Kale
Advocate for Respondent 4 : Mr. M R Deshmukh
...
CORAM : V.K. JADHAV, J.
Dated: February 26, 2021
...
PER COURT :-
1. Heard both sides.
2. The respondents/claimants have fled Motor
Accident Claim Petition No.324 of 2007 under section
166 of the Motor Vehicles Act for grant of compensation
on account of death in a motor vehicular accident.
Initially, the Tribunal has passed the award against the
owner by exonerating the insurance Company on the
ground of breach of policy conditions. Being aggrieved
by the same, the petitioner has preferred First Appeal
No.998 of 2011 and the matter was remanded to the
learned Member of the Motor Accident Claims Tribunal,
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Parbhani for fresh hearing. During the pendency of the
said appeal before this Court, petitioner has deposited
an amount of Rs.1,99,000/-(Rs. One Lakh Ninety Nine
Thousand), however, since the matter was remanded to
the Tribunal, the amount so deposited before this Court
came to be transferred to the Tribunal.
3. It appears that after remand, the member Motor
Accident Claims Tribunal, Parbhani has allowed the
claim petition partly and further directed the
respondents to pay the compensation of Rs.4,16,000/-
(Rs. Four Lakh Sixteen Thousand) to the petitioners
with interest from the date of petition till its full
realization.
4. Learned counsel Mr. Deshmukh appearing for
respondent No.4/insurer submits that respondent/
Insurer accepting the said award and liability fastened
on it deposited the entire amount alongwith interest
before the Tribunal. The learned counsel appearing for
the respondents-claimants submits that the
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respondents/claimants have withdrawn the said
amount.
5. It appears that in the pending R.D.(MACP) No.47 of
2019 petitioner herein/original J.D. No.1 has fled an
application Exh.6 for refund of the said amount in
terms of the Judgment and award passed by the
Tribunal after remand, however, the learned Member of
the Motor Accident Claims Tribunal, Parbhani has
rejected the said application by impugned order dated
9.10.2019 below Exhibit-6 only for the reason that there
is no document placed on record to indicate that
respondent/insurer has not preferred any appeal.
Learned counsel appearing for the Respondent
No.4/insurer submits that by accepting the liability in
terms of the said judgment and award passed by the
Tribunal after remand, respondent no.4/insurer has
deposited the entire amount under the award and no
appeal has been preferred, the petitioner is entitled for
the refund of the said amount. In view of the same, the
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order passed below Exh.6 cannot be sustained. Hence,
following order.
ORDER
i. Writ Petition is hereby allowed.
ii. The impugned order dated 09.10.2019 passed
by the learned Member, Motor Accident
Claims Tribunal below Exhibit 6 in R.D.
[MACP] No.47 of 2019 is hereby quashed and
set aside.
iii. Application Exhibit-6 is hereby allowed in
terms of its prayer clause.
iv. Writ Petition accordingly disposed off.
( V.K. JADHAV, J. )
...
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