Niranjani Chandramouli vs Amit Ganpathi Shet And Anr
2022 Latest Caselaw 5636 Bom

                                                                                  11-i-ia-548-21.doc


                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION

                                     INTERIM APPLICATION NO. 548 OF 2021
                                                     IN
                                         FIRST APPEAL NO.100 OF 2021

                        Niranjani Chandramauli                                 ..Applicant

                                     v/s.

                        Amit Ganpathi Shet & Anr.                              ..Respondents

                        Mr. Saumen Vidhyarthi a/w. Aishwarya Kondekar for the Applicant .


                                                    CORAM : ANUJA PRABHUDESSAI, J.

DATED : 21st JUNE, 2022.

P.C.

1. By this Application, the Applicant has sought stay to the

execution and implementation of the impugned judgment and Award

dated 24.02.2020 passed in MACP 2184 of 2014. By the impugned

judgment, the Claims Tribunal has partly allowed the Application under

Section 166 of the Motor Vehicles Act filed by the Respondent No.1.-

Original Claimant and awarded compensation of Rs.7,79,030/- with

interest. The Claims Tribunal has observed that the injured has

committed breach of terms and conditions of the policy and as such

directed the Insurance Company to pay the amount and to recover the

same from the Appellant.

2. Learned Counsel for the Appellant states that the Insurance Digitally signed by PRASANNA P PRASANNA P SALGAONKAR Company has already paid the amount to the Original Claimant, and has SALGAONKAR Date:

2022.06.23 18:45:32 +0530

P P SALGAONKAR 1 of 2 11-i-ia-548-21.doc

now filed recovery proceedings against the Appellant for recovering the

said amount.

3. A perusal of the impugned judgment reveals that the Tribunal has

recorded a finding that the driver was not holding a valid and effective

driving license as on the date of the accident. It is to be noted that the

accident was caused on 25.08.2014. The vehicle involved in the

accident was a light motor vehicle. The driver was holding a driving

license to drive heavy goods vehicles, which was valid from 3.5.2012 to

3.5.2015. It is thus evident that as on the date of the accident, the driver

was holding a valid driving license to drive heavy goods vehicles. Prima

facie, there is nothing on record to show that he was disqualified from

driving the vehicle.

4. In view of the above, and also considering the dictum of the

Honourable Supreme Court in National Insurance Co. Ltd. vs. Swarn

Singh & Ors. 2004 (3) SCC 297, implementation and execution of the

impugned Judgment and Award is stayed till the next date of hearing.

5. Issue Notice to Respondent No.2, returnable on 05.07.2022.

                                                        (ANUJA PRABHUDESSAI, J.)




P P SALGAONKAR                                                                            2 of 2