Aamer Yusuf Shaikh vs The Reliance Eneral Insurance Co Ltd ...
2024 Latest Caselaw 3298 Bom

Bombay High Court

Aamer Yusuf Shaikh vs The Reliance Eneral Insurance Co Ltd ... on 2 February, 2024

2024:BHC-AUG:2586
                                                     1                      19-CA-12180-23.odt



                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                       CIVIL APPLICATION NO. 12180 OF 2023 IN FAST/22736/2023

                                        AAMER YUSUF SHAIKH
                                               VERSUS
                       THE RELIANCE GENERAL INSURANCE CO LTD THROUGH ITS
                                   BRANCH MANAGER AND OTHERS
                                                  ...
                             Advocate for Applicant : Mr. Ravindra V. Gore
                         Advocate for Respondent No.1 : Mr. A. S. Usmanpurkar
                                                  ...

                                                         CORAM : S. G. MEHARE, J.

                                                         DATE      : 02-02-2024
                PER COURT :-

1. Heard the learned counsel for the applicant and the learned counsel for respondent No.1/appellant.

2. Learned counsel for respondent No.1/insurer states that the insurance policy was fake. The owner of the offending vehicle did not produce the policy. However, the learned Tribunal did not consider the plea of fake policy and incorrectly held the insurer liable. He also submits that the future prospects have also been held on higher side. It would not be more than 40%. Considering this aspect, the following order is passed;

                i)        The application is partly allowed.
                ii)       The applicant is permitted to withdraw Rs.6,00,000/- (Rs. Six

Lakh only) out of the amount deposited with this Court with an undertaking that he will deposit the amount, if the impugned judgment and award is reversed.

iii) The balance amount be invested in the fixed deposit in any Nationalized Bank as per rules, till disposal of the appeal.

( S. G. MEHARE, J. ) rrd