Tata Aig General Insurance Co. ... vs Suvarna Bhaskarrao Kadam And Ors
2022 Latest Caselaw 1730 Bom

                                                                       17-FA-131-2022+.DOC




                   Shephali



                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CIVIL APPELLATE JURISDICTION
                                      FIRST APPEAL NO. 131 OF 2022


                   Tata AIG General Insurance Co Ltd, Mumbai                ...Appellant
                         Versus
                   Suvarna B Kadam & Ors                                 ...Respondents

                                                    WITH
                                 INTERIM APPLICATION NO. 843 OF 2022
                                                      IN
                                      FIRST APPEAL NO. 131 OF 2022

                   Tata AIG General Insurance Co Ltd, Mumbai                ...Appellant
                         Versus
SHEPHALI
SANJAY             Suvarna B Kadam & Ors                                 ...Respondents
MORMARE


Digitally signed
by SHEPHALI
SANJAY
MORMARE
Date: 2022.02.22
                   Mr Devendranath Joshi, for the Appellant/Applicant.
09:34:31 +0530
                   Mr Kunal Bhanage, i/b SS Yadav, for Respondents Nos. 1 to 3.


                                           CORAM       G.S. Patel &
                                                       Madhav J. Jamdar, JJ.

                                           DATED:      21st February 2022
                   PC:-

1. Respondents Nos. 4 and 5 in the Appeal have passed away. Respondents Nos. 1 to 3 are the only legal heirs.

21st February 2022 17-FA-131-2022+.DOC

2. This is a First Appeal by one of two insurers involved against the judgment and award dated 8th September 2021 of Motor Accident Claims Tribunal, Satara in MACP No. 1 of 2010. Since there were two vehicles involved, there were two insurance policies. The other insurer, the New India Assurance Company, was also before the Tribunal. It is Respondent No. 7 to the present Appeal. We do not know whether the second insurer, New India Assurance Co, proposes to file its own appeal. If so, the Appeals of both insurers are best disposed of by a common order since the accident is only one, though it involved two vehicles.

3. At this stage, we request Mr Joshi to give private notice to Respondent No.7

4. Mr Joshi states that the present Appellant will make the necessary deposit in this Court with the Nazir Department of the amount awarded with interest computed up to date, in accordance with that much of the Award that is against the present Appellant. On that deposit being made, the department will not immediately invest the whole amount of the deposits since we permit Respondents Nos. 1 to 3 to withdraw 50% of the deposit subject to furnish of an undertaking in the usual form. The remainder will be invested in accordance with the usual practices of that office until further orders of the Court.

5. In view thereof, we stay execution but only in respect of present Appellant, Tata AIG General Insurance Company Ltd.

21st February 2022 17-FA-131-2022+.DOC

6. List the matter on 28th February 2022.

7. All concerned will act on production of a digitally signed copy of this order.

(Madhav J. Jamdar, J)                               (G. S. Patel, J)





                           21st February 2022