Ananda Shamrao Patil vs Reliance General Insurance Co. ...
2021 Latest Caselaw 15225 Bom

                                              17-IA3029-21INFAST3410-19-WITHDRAWAL.DOC

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


                                    INTERIM APPLICATION NO. 3029 OF 2021
                                                     IN
                                      FIRST APPEAL (ST) NO. 3410 OF 2019

                      Ananda Shamrao Patil                                     ...Applicant
SANTOSH
SUBHASH               In the matter between
KULKARNI              Reliance General Insurance Co. Ltd.                      ...Appellant
Digitally signed by
SANTOSH SUBHASH
KULKARNI
                                           Versus
Date: 2021.10.27
11:07:23 +0530        Ananda Shamrao Patil & anr.                            ...Respondents

                      Mr. Mr. Bhavesh Magam, h/f Mr. Kedar Lad, for the Applicant
                           in IA.
                      Ms. Shalini Shankar, for the Respondent in IA./Appellant in
                           FA.

                                                  CORAM:      N. J. JAMADAR, J.

                                                  DATED :     25th OCTOBER, 2021
                      PC:-

1. Heard Mr. Magam, the learned Counsel for the applicant

and Ms. Shankar, the learned Counsel for the respondents -

appellants - insurer.

2. This application is preferred seeking permission to

withdraw the amount of compensation deposited by the

appellant - insurer in terms of the Award in MACP No.174/2010,

dated 9th January, 2018, passed by the learned Chariman,

MACT, Kolhapur.

3. The learned Counsel for appellant - insurer resisted the

prayer of the applicant to withdraw the amount of compensation

17-IA3029-21INFAST3410-19-WITHDRAWAL.DOC

on the ground that the appellant - insurer is not at all liable to

satisfy the Award as the vehicle in question was not insured

with the appellant - insurer and the claim is based on a fake

insurance policy. The learned Counsel further submitted that

the learned Chairman, MACT, Kolhapur, committed an error in

not properly appreciating the ground of fake policy raised by the

appellant - insurer, and erroneously fastened the liability on the

appellant - insurer.

4. From the perusal of the impugned judgment, especially

the observations in paragraphs 9 to 13 of the judgment, it

becomes evident that the Chairman, MACT, has ascribed

adequate reasons to hold that the vehicle was insured with the

appellant. In any event, the said ground can be legitimately

adjudicated at the stage of final hearing and disposal of the

appeal. At this juncture, the applicant cannot be deprived of

the benefit of the amount of compensation, totally. It would

therefore be expedient in the interest of justice to allow the

applicant to withdraw a portion of the amount of compensation

deposited by the appellant - insurer subject to furnishing an

undertaking to bring back the said amount, in the event the

appeal is allowed and it is held that the applicant is not entitled

to compensation.

5. Hence the following order:

17-IA3029-21INFAST3410-19-WITHDRAWAL.DOC

:Order:

(i) The application stands partly allowed.

(ii) The applicant is entitled to withdraw 50% of the

amount of the compensation deposited by the

appellant - insurer alongwith interest accrued

thereon, subject to furnishing an undertaking before

the learned Chairman, MACT, Kolhapur, to bring

back the said amount alongwith interest at such rate

as may be directed by the Court, in the event the

appeal is allowed and it is held that the applicant is

not entitled to compensation.

(iii) The application stands disposed of.

[N. J. JAMADAR, J.]