Chaya Ramesh Sonawane vs Reliance General Insurance ...
2022 Latest Caselaw 10814 Bom

Megha                                       11_ia_17613_2022.doc



          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CIVIL APPELLATE JURISDICTION

               INTERIM APPLICATION NO.17613 OF 2022
                                IN
                    FIRST APPEAL NO.169 OF 2022

Chhaya Ramesh Sonawane                                    ...Applicant
Versus
Reliance General Insurance Company                ...Respondents
Limited and Anr.
                                   ...
Mr. Bharat Gadhavi for the Applicant.
Mr. Suryajeet P. Chavan i/b. Mr. Pandit Kasar for the Respondent.


                           CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 17th OCTOBER, 2022.

P.C. :-

1. The Applicant, who is the original Claimant has sought

withdrawal of the compensation deposited by the Appellant-Insurance

Company. By the impugned Judgment, the Claims Tribunal has

awarded compensation of Rs.19,77,000/- with interest @5% p.a. from

the date of the application till realization.

2. The challenge to the Judgment and Award is mainly on the

ground of breach of terms and conditions of the policy alleging that the

driver of the offending vehicle was not holding valid and effective

Megha 11_ia_17613_2022.doc

driving license and further for non joinder of the parties to the Claim

Petition.

3. The Tribunal has recorded a finding that the Appellant-

Insurance Company had failed to prove breach of terms and conditions

of the policy. Even otherwise the vehicle was duly insured and in case

of breach of terms and conditions of the policy as alleged, the

Appellant is yet liable to satisfy the Award and recover the money from

the insured. Under the circumstances, prima facie the Claimant cannot

be deprived of the compensation.

4. Considering the above facts and circumstances, 50% of the

compensation deposited by the Appellant-Insurance Company with

proportionate interest accrued thereon is ordered to be paid to the

Applicant/original Claimant subject to filing of an undertaking that the

Claimant shall refund the amount with interest in the event the

Appellant succeeds in the appeal.

5. The application stands disposed of.

                                                (SMT. ANUJA PRABHUDESSAI, J.)
        Digitally signed
MEGHA   by MEGHA S
        PARAB
S       Date:

PARAB
        2022.10.20
        17:39:30
        +0530