Iffco Tokio General Insurance ... vs Mr. [email protected] ...
2021 Latest Caselaw 5798 Bom

                                                     ch.2827.18-caf.odt


              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIVIL APPELLATE SIDE JURISDICTION

                         CIVIL APPLICATION NO.2827/2018
                                       IN
                         FIRST APPEAL (ST) NO.36004/2017

       IFFCO Tokio General Insurance Ltd.          ..... Applicant

               Vs.

       Panjak @ Pankajkumar Manikchand
       Tatiya & Ors.                               ..... Respondents

       Mr. Rahul Sanklecha I/b. Abhijit Kulkarni for the Applicant
       Mr. Mohanish Patkar I/b. TRD Associates for Respondent
       No.4.


                                  CORAM:    K.K.TATED, J.

DATED : MARCH 31, 2021 (In Chamber at 2.15) P.C.

1 Heard. Today the matter is placed on board for speaking to the minutes of order dated 05.08.2019.

2 In cause title, instead of First Appeal No.36004/2017 it should be First Appeal (ST) No.36004/2017.

3 Para 8(A)(a) be corrected and substituted with the following :

"(a) That pending hearing and final disposal of the present First Appeal, the effect, operation, implementation and execution of the impugned Judgment and Award dated 7.1.2017 passed by the Motor Accidents Claim Tribunal Pune at Pune in MACP No.264/2011 and disbursal of amount there under, be kindly stayed."

       Basavraj G. Patil                                                       1/5





                                                         ch.2827.18-caf.odt




4      Order dated 05.08.2019 stands corrected accordingly.
Rest of the order shall remain as it is.                   Corrected order
reads thus:

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

CIVIL APPLICATION NO.2827/2018 IN FIRST APPEAL (ST) NO.36004/2017

Office Notes, Office Court's or Judge's orders.

Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Advocate Mr. AP Kulkarni for applicant. Ms. Teresa Daulat a/w. Priyank Gidh i/b TRD Asso. for Respondent No.4

CORAM: K.K.TATED, J.

DATED : AUGUST 5, 2019 P.C.

Heard learned counsel for parties.

2. Though other Respondents are duly served, no one appeared when the matter called out.

3. By this civil application, applicant/Insurance Company is seeking stay of operation and implementation of impugned Judgment and Award dated 7.1.2017 passed by MACT, Pune in Petition No.264/2011.

Basavraj G. Patil 2/5

ch.2827.18-caf.odt

4. Learned counsel for applicant submits that as per earlier order dated 6.3.2019 passed by this Court, they already deposited entire awarded amount with interest in the Tribunal. Statement is accepted.

5. Learned advocate for applicant submits that in the present proceeding the Tribunal awarded compensation at higher side. Tribunal has not considered contributing negligency at the time of deciding compensation payable to Respondent. He submits that they have good chance of success. He submits that pending the hearing and final disposal of First Appeal, this court be pleased to stay operation and implementation of impugned Judgment and Award. He submits that if entire amount is withdrawn by Respondent then nothing will survive in present proceeding.

6. It is to be noted that in the present proceeding in an accident, on 24.12.2010 original claimant no.1 lost his wife Vaishali. Hence, he filed petition u/s 166 of Motor Vehicle Act for a sum of Rs.50,00,000/- with interest. On the day of accident deceased was 32 years old.

       Basavraj G. Patil                                                               3/5





                                                             ch.2827.18-caf.odt


                           She      was      Graduate.        She      was        doing

business of Interior Decoration and was earning 2,31,258/- P.A.

7. Considering the fact that Claimant No. 1 has to maintain both minor children I am of the opinion that, Claimant no.1 can be permitted to withdraw some amount without furnishing any security.

8. Hence, following order.

A) Civil application allowed in terms of prayer Clause(a) which reads thus;

"(a) That pending hearing and final disposal of the present First Appeal, the effect, operation, implementation and execution of the impugned Judgment and Award dated 7.1.2017 passed by the Motor Accidents Claim Tribunal Pune at Pune in MACP No.264/2011 and disbursal of amount there under, be kindly stayed."

B) Claimant no.1 Pankaj @ Pankajkumar Manikchand Tatiya is permitted to withdraw 20 % of total compensation including interest without furnishing any security.

                           C)    Tribunal is directed to invest balance
                           amount         in       Fixed    Deposit         of       any


Basavraj G. Patil                                                                      4/5





                                                           ch.2827.18-caf.odt

Nationalized Bank and same to continue till further orders.

D) Civil application disposed of accordingly.

E) No order as cost.

                                                        (K.K.TATED, J.)




       Basavraj G. Patil                                                            5/5