Mumtaz Abdul Razak Ustad And Ors vs Reliance General Insurance ...
2021 Latest Caselaw 8091 Bom

P.H. Jayani                                                   32 IAST11137.2021


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIVIL APPELLATE JURISDICTION
                INTERIM APPLICATION (ST.) NO. 11137 OF 2021
                                     IN
                    FIRST APPEAL (ST.) NO. 27651 OF 2018

Mumtaz Abdul Razak Ustad and ors.                       .... Applicants

In the matter between :-
Reliance General Insurance Co. Ltd.                     .... Appellant
           v/s.
Mumtaz Abdul Razak Ustad and ors.                       .... Respondents

                                       WITH
                        CIVIL APPLICATION NO. 3815 OF 2018
                                        IN
                       FIRST APPEAL (ST.) NO. 27651 OF 2018

Reliance General Insurance Co. Ltd.                     .... Applicant
           v/s.
Mumtaz Abdul Razak Ustad and ors.                       .... Respondents

Mr. Amol Gatne i/b. Mrs. Swati U. Mehta for the Applicants.
Mrs. Shalini Shankar for the Respondents.

                                   CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 18th JUNE, 2021.

P. C. :-

ORDER IN INTERIM APPLICATION (ST.) NO. 11137 OF 2021 :-.

. The Applicants herein who are the Original Claimants have

sought withdrawal of the compensation deposited by the Appellant -

Insurance Company pursuant to the judgment and award passed by the

MACT, Mumbai in MACP No.1935/2014.

P.H. Jayani 32 IAST11137.2021

2. By the impugned judgment and award, the Tribunal has awarded

compensation of Rs.13,37,000/- with interest. The Appellant has

challenged the award mainly on the ground of breach of terms and

conditions of the policy. There is no serious challenge to the quantum

of the compensation awarded by the Tribunal. In view of which, an

amount of Rs.2,50,000/- each along with proportionate interest

thereon, is ordered to be paid to the Respondent Nos.1, 2 and

3/Original Claimant Nos.1, 2 and 3. The balance amount be invested

in the name of Respondent Nos.4 and 5 for a period of three years and

until further orders.

3. Interim Application (St.) No.11137 of 2021 stands disposed of in

above terms.

ORDER IN CIVIL APPLICATION NO.3815 OF 2018 :-

4. Not on board. With consent, taken on board.

5. Mr. Amol Gatne, learned counsel waives service on behalf of

Respondent Nos.1 to 5. Issue notice to Respondent No.6, returnable on

16/07/2021. Private service is permitted.

(SMT. ANUJA PRABHUDESSAI, J.)