Reliance General Company, Mumbai vs Bapu Jagannath Sakat And Ors
2023 Latest Caselaw 9371 Bom

23:BHC-AS:2
                                                    15_ia_17750_22,14983 & 17751_22.odt


                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CIVIL APPELLATE JURISDICTION

                            INTERIM APPLICATION NO.17750 OF 2022
                                            WITH
                            INTERIM APPLICATION NO.17751 OF 2022
                                             IN
                            FIRST APPEAL (STAMP) NO.13499 OF 2022

              Reliance General Insurance Company
              Ltd.                                               ...Applicant
                              Versus
              Bapu Jagannath Sakat and Ors.          ...Respondents
                         INTERIM APPLICATION NO.14983 OF 2023
                                            IN
                         FIRST APPEAL (STAMP) NO.13499 OF 2022

               Bapu Jagannath Sakat and Ors.                     ...Applicants
                              Versus
               Reliance General Insurance
               Company Ltd.                                     ...Respondent
                                              ...
              Ms Shalini Shankar with Ms Sayali Thakur for the Appellant-Insurance
              Company.
              Ms Manisha Deokar for the Claimants.


                                        CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED: 6th SEPTEMBER, 2023.

P. C. :-

INTERIM APPLICATION NO.17751 OF 2022:-

1. Learned counsel for the Applicant-Insurance Company

states that the entire amount of compensation as per the impugned

Megha 1/4 15_ia_17750_22,14983 & 17751_22.odt

Judgment and Award dated 21/12/2021 passed by the Member,

M.A.C.T., Malshiras, in MACP No.30 of 2012 has been deposited before

the Claims Tribunal, Malshiras.

2. In the light of the said statement, execution and

implementation of the impugned Judgment and Award is stayed

pending hearing of the appeal.

3. The application stands disposed of.

INTERIM APPLICATION NO.17750 OF 2022:-

4. Ms Manisha Deokar, learned counsel waives service of

notice on behalf of Respondent Nos. 1 to 3-original claimants. Learned

counsel for the Applicant -Insurance Company states that the challenge

is only to the quantum of compensation. Hence, notice to Respondent

Nos.4 and 5 is dispensed with.

5. By this application the Applicant seeks to condone the

delay of two days in filing the appeal under Section 173 of the Motor

Vehicles Act, 1988. Not objected by learned counsel for the

Respondent Nos.1 to 3.

Megha 2/4 15_ia_17750_22,14983 & 17751_22.odt

6. In the light of the said statement and in view of the reasons

stated in the application, the delay is condoned. The appeal is ordered

to be registered.

7. The application stands disposed of.

INTERIM APPLICATION NO.14983 OF 2023:-

8. The Applicants, who are the original claimants have sought

withdrawal of the compensation awarded by the Claims Tribunal,

Malshiras in Claim Petition No.30 of 2012.

9. Having considered the reasons stated in the application as

well as the grounds raised in the appeal memo, Applicant Nos.1 and 2,

who are the parents of the deceased are permitted to withdraw 20% of

the compensation and the Applicant No.3 being the widow is permitted

to withdraw 30% of the compensation with proportionate interest

accrued thereon subject to filing of an undertaking before the Claims

Tribunal, Malshiras that the amount will be refunded in the event the

Appellant succeeds in the appeal. The balance amount shall be

reinvested in any Nationalised Bank until further orders.

10. The application stands disposed of.

Megha 3/4 15_ia_17750_22,14983 & 17751_22.odt

FIRST APPEAL (STAMP) NO.13499 OF 2022:-

11. Ms Manisha Devkar, learned counsel waives service on

behalf of Respondent Nos.1 to 3. Notice to Respondent Nos.4 and 5 is

dispensed with. Leave is granted to the Appellant to file compilation of

documents on or before the next date of hearing.

12. Considering the narrow controversy involved in the matter,

parties are put to notice that an endeavour will be made to decide the

appeal finally at the stage of admission.

13. Stand over to 25/09/2023.

                                                              (SMT. ANUJA PRABHUDESSAI, J.)




Signed by: Megha S. Parab
Designation: PA To HonourableMegha
                              Judge                            4/4
Date: 07/09/2023 17:26:53