Reliance General Insurance ... vs Suresh @ Bahrm Nanda
2021 Latest Caselaw 3111 MP

                                  1                              MA-1152-2016
        The High Court Of Madhya Pradesh
                   MA-1152-2016
(RELIANCE GENERAL INSURANCE COMPANY LIMITED Vs SURESH @ BAHRM NANDA AND OTHERS)

5
Jabalpur, Dated : 08-07-2021
      Heard through Video Conferencing.
      Shri Parmanand Sahu, counsel for the appellant/Insurance Company.
      Shri Sanjay Kumar Saini, counsel for the respondents No.1 to

4/claimants.

None for the respondents No.5 and 6.

Heard on admission.

Admit.

I.A. No.13642/2018 is taken up.

This is an application for disbursement of the amount deposited by the appellant/Insurance Company.

Undisputedly, the Insurance Company has deposited Rs.4,12,606/- with interest as half of the compensation awarded. And, no amount has been disbursed in favour of the respondents/claimants till date.

Learned counsel for the appellant/Insurance Company first raises an

objection in disbursement of the amount stating that this is a case of implantation of driver and thereby breach of conditions of insurance and latter submitted that the amount may be disbursed by securing the interest of the Insurance Company, in case of any judgment comes in its favour.

Learned counsel for the respondents submitted that total eight appeals have been filed against the Award passed in favour of the respondents and other victims of the same incident. In other seven cases, the amount has been disbursed and no objection has been taken therein by the Insurance Company.

On due consideration, the application is allowed and the Claims Tribunal is directed to disburse the amount of compensation deposited by the Insurance Company in accordance with law in favour of respondents No.1 to 2 MA-1152-2016 4/Claimants, subject to furnishing a surety of the like amount to the satisfaction of the Claims Tribunal, that in case the final decision goes against them, they will return the entire amount with interest.

List for final hearing in due course.

(VIRENDER SINGH) JUDGE

vinod Digitally signed by VINOD VISHWAKARMA Date: 2021.07.13 10:49:15 +05'30'