Bombay High Court
Shri. Satish Suresh Nikam And Anr vs Reliance General Insurance Co. ... on 10 March, 2021
Bench: P. K. Chavan
13-656-2021-IA=.doc
Uday S. Jagtap
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 656 OF 2021
IN
FIRST APPEAL (ST.) NO. 810 OF 2016
Satish Suresh Nikam .. Applicant
In the matter between
Reliance General Insurance Co. Ltd. .. Appellant
Vs.
Satish Suresh Nikam & Anr. .. Respondents
.....
Mr. Tejpal Ingale for the applicant
Ms. Pooja Singh a/w Deepika Prabhala for the appellant - insurer
CORAM : PRITHVIRAJ K. CHAVAN, J.
DATED : 10th MARCH, 2021
P.C.
1. This is an application seeking withdrawal of the amount of
compensation awarded by M.A.C.T., Raigad at Alibag in Claim
Application No. 193 of 2010.
2. The Chairman, M.A.C.T., Raigad in the impugned judgment
and award has specifically observed that the insurer is at liberty to
recover the amount of compensation from the owner of the offending
vehicle by taking aid of the judgment in the case of National
Insurance Co. Ltd. Vs. Swaran Singh & Anr. (2004) A.C.J. 1.
3. In that view of the matter, the appellant - insurer can very well
recover the amount after depositing the amount of award before the
Tribunal. Be that as it may.
Digitally
signed by
UDAY
UDAY SHIVAJI
SHIVAJI JAGTAP
Date:
JAGTAP 2021.03.11
15:56:04
+0530
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4. Paragraph no.4 of the application seeking withdrawal,
indicates that the victim had suffered 60% permanent disability as
his left leg below the knee came to be amputed pursuant to motor
vehicle accident, in which he was injured. It is submitted that the
applicant is now totally dependent upon his father, who was running
a small shop. However, unfortunately his father died due to heart-
attack in the month of October, 2020. The applicant has a minor son.
The family has obtained hand loans from relatives for medical
treatment as well as for the maintenance of the family. Because of
Covid-19 pandemic situation and subsequent lock-down, even the
shop of the applicant's father had to be closed and, therefore, it is
very difficult for the applicant to maintain his family consisting of his
aged mother, wife and minor son, having no source of income.
5. Ms. Pooja Singh, learned Counsel for the appellant - insurer
objects withdrawal of the amount by contending that she has a good
case on merits in view of the fact that the driver of the offending
vehicle did not possess a valid driving license. As stated hereinabove,
an order of pay and recover has already been passed by the learned
Chairman of the Tribunal.
6. Having considered the respective submissions, at this stage, the
applicant is permitted to withdraw 70% of the amount of
compensation with accrued interest. The applicant shall furnish an
undertaking within two weeks that if the appellant - insurer
succeeds in appeal, the applicant shall refund the amount with
interest at such rate as would be directed by this Court, depending
upon the outcome of the first appeal.
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7. If the applicant does not file an undertaking within the
aforesaid period, the amount deposited by the appellant - insurer
shall be invested by the M.A.C.T in a fixed deposit in any
Nationalized Bank for a period of one year and thereafter for one
more year again after obtaining order from this Court.
8. If 70% amount is withdrawn by the applicant, balance
amount shall be invested by the M.A.C.T in a fixed deposit as
stated above, in a Nationalized Bank.
9. The application stands disposed of.
(PRITHVIRAJ K. CHAVAN, J.)
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