Bombay High Court
The New India Assurance Company Ltd ... vs Sanjiwani Wo Jayant Dongare And 7 Others on 19 January, 2024
1 31-CA-9240-23.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 9240 OF 2023 IN FAST/22695/2023
WITH
CIVIL APPLICATION NO. 9239 OF 2023 IN FAST/22695/2023
THE NEW INDIA ASSURANCE COMPANY LTD THROUGH ITS BRANCH
MANAGER BASMATH ROAD PARBHANI
VERSUS
SANJIWANI WO JAYANT DONGARE AND 7 OTHERS
...
Advocate for Applicant/Appellant : Mr. A. S. Usmanpurkar
Advocate for Respondents No.1 to 5/claimants : Mr. A. R. Gaikwad
Advocate for Respondent No.7 : Mr. Padalkar holding for
Mr. Amar D. Soman (through Video Conferencing)
...
WITH
CIVIL APPLICATION NO. 14571 OF 2023 IN FAST/22695/2023
SANJIWANI WO JAYANT DONGARE AND OTHERS
VERSUS
THE NEW INDIA ASSURANCE COMPANY LTD THROUGH ITS BRANCH
MANAGER BASMATH ROAD PARBHANI AND OTHERS
...
Advocate for Applicants/claimants : Mr. Amol R. Gaikwad
Advocate for Respondent No.1 : Mr. A. S. Usmanpurkar
Advocate for Respondent No.3 : Mr. Padalkar holding for
Mr. Amar D. Soman (through Video Conferencing)
...
CORAM : S. G. MEHARE, J.
DATE : 19-01-2024
PER COURT :-
1. Heard the respective learned counsels for the parties.
2. Since two vehicles were involved, two insurers were held
liable to pay compensation equally. One of the insurance
2 31-CA-9240-23.odt
companies preferred the present appeal on the ground that
notional income of Rs.20,000/- is incorrectly assessed. The
deceased was a stamp vendor. The benefit of future prospects has
been considered excessively. The ratio laid down in the case of
National Insurance Company Limited versus Pranav Sethi,
2018 ALL SCR 953 and the ground of negligent has not been
considered. The insurer/the present appellant was not negligent.
Hence, there was no liability.
3. Learned counsel for the applicants submits that another
insurance company has satisfied the award. There are no
substantial grounds to oppose the application for withdrawal of the
amount.
4. It appears that the involvement of the vehicle insured with
the insurer is not denied. The grounds raised require a detail
hearing and re-appreciation of evidence. Hence, the order;
i) Civil Application No.14571 of 2023 is partly allowed.
ii) The applicants/original claimants are entitled to withdraw
75% of the amount deposited by the appellant/insurance
company, with accrued interest thereon, on furnishing an
undertaking that they will re-deposit the amount, if the
impugned judgment and award is reversed.
CIVIL APPLICATION NO.9239 OF 2023
5. For the reasons mentioned in the application, the delay is
liable to be condoned.
3 31-CA-9240-23.odt
6. The application is allowed.
7. The delay caused in preferring the appeal stands condoned.
8. The office is directed to register the appeal.
9. After registration of the appeal, issue notice to the
respondents, returnable on 18.03.2024.
10. Mr. Gaikwad, learned counsel waives service of notice for the
respondents No.1 to 5/claimants. Mr. Padalkar, learned counsel
waives service of notice for respondent No.7.
CIVIL APPLICATION NO.9240 OF 2023
11. The entire amount of the award is also deposited. Hence,
the execution and operation of the impugned judgment and award
of the learned Member, Motor Accident Claims Tribunal and Adhoc
District Judge-1, Gangakhed, in Motor Accident Claims Petition
No.54 of 2018, dated 10.02.2023, is stayed till disposal of the
appeal.
FAST/22695/2023
12. Admit.
13. Call R & P.
( S. G. MEHARE )
JUDGE
rrd
