Bombay High Court
Cholamandalam Ms General Insurnace ... vs Babasaheb Rangnath Mokate And 3 Others on 12 January, 2024
2024:BHC-AUG:646
1 903-CA.477-24 & ors.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
903 CIVIL APPLICATION NO.477 OF 2024
IN FAST/16973/2023
BABASAHEB RANGNATH MOKATE
VERSUS
CHOLAMANDALAM M.S GENERAL INSURANCE COMPANY
LTD AND OTHERS
...
Advocate for Applicant : Mr. Andhale Sandip Ramnath.
Advocate for Respondent No.1 : Mr. A. S. Usmanpurkar.
...
WITH
CIVIL APPLICATION NO.6956 OF 2023
IN FAST/16973/2023
WITH
CIVIL APPLICATION NO.6957 OF 2023
IN FAST/16973/2023
CORAM : S. G. MEHARE, J.
DATE : 12.01.2024
PER COURT :-
In Civil Application No.477 of 2024
1. Heard the learned counsel for the applicant and the
learned counsel for respondent No.1.
2. It was a MACT claim. The MACT after considering the
facts, awarded the compensation of Rs.6,11,700/- with 7%
interest per annum. The present appellant/insurer has
impugned the award mainly on the ground that the MACT has
2 903-CA.477-24 & ors.odt
erroneously passed an order to pay and recover for the vehicle
which was not insured with it.
3. Learned counsel for the appellant would submit that
MACT has imposed 25% responsibility upon the insurer for the
original respondent No.3 only. However, the entire amount of
compensation with interest has been deposited. He is opposing
the application for releasing the entire amount.
4. Learned counsel for the applicant submits that since the
order to pay and recover is passed, the applicant is entitled to
entire amount deposited with this Court.
5. Perused the impugned order. There appears substance in
the submissions of the learned counsel for the
appellant/insurer that there was no contract between original
respondent Nos.1 and 2 and the appellant Therefore, the
applicant would not be entitled to withdraw the entire amount.
At the most, he may claim withdrawal for the amount out of
25% responsibility imposed upon the appellant/insurer.
6. In view of the above, the following order is passed :
ORDER
(i) Civil Application is partly allowed.
3 903-CA.477-24 & ors.odt
(ii) The applicant is allowed to withdraw
Rs.2,00,000/- only from the amount deposited by
the appellant/insurer on the undertaking that he
will re-deposit the money within eight (8) weeks if
the judgment is reversed.
(iii) Office to release the amount as above.
In Civil Application No.6956 of 2023
7. Heard the respective learned counsels.
8. There is delay of 162 days in preferring the appeal. The
learned counsel for the respondent opposed the application.
However, for the reasons mentioned in the application, the civil
application is allowed and delay is condoned.
9. Civil Application stands allowed.
10. Office to register the First Appeal.
In Civil Application No.6957 of 2023
11. This is a application for stay. As per the legal
requirement, the appellant/insurer has deposited entire
amount of the award. Today, this Court has allowed to
withdraw Rs.2,00,000/- to the original claimant. Since the
legal compliance has been done, the interim protection by
4 903-CA.477-24 & ors.odt
granting stay to the impugned award by order dated
12.06.2023 is confirmed to the extent of present appellant
only.
12. Civil Application is allowed.
13. Call R and P.
14. Stand over to 05.03.2024.
(S. G. MEHARE, J.)
...
vmk/-
Signed by: Vaishali Mahesh Kale
Designation: PA To Honourable Judge
Date: 15/01/2024 15:10:55
