National Insurance Company Ltd. v. Shri. Rampreet Narayan Sharma And ANR.

33-FAST3641-14+.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL ST NO. 3641 OF 2014 WITH CIVIL APPLICATION NO. 739 OF 2014 National Insurance Co Ltd ...Appellant

Versus

Rampreet Narayan Sharma & Anr

...Respondents

Mr R Mehta, i/b KMC Legal Venture, for the Appellant.

Mr AM Gokhale, for the Respondents.

CORAM: G.S. PATEL, J DATED:

12th July 2017 PC:- 1.

The only modification, in my view, that is required to this decree is to direct the insurer Appellant to pay and then to recover the amount from the insured. The Award is in the amount of Rs.2,06,000/- including the No Fault Liability amount and carries interest at the rate of 7.5% per annum from the date of the application.

2.

It is not necessary to discuss the merits of the Appeal in any great detail because of what is stated in paragraph 2 of the impugned judgment and which is entirely uncontroverted and incontrovertible. 12th July 2017

33-FAST3641-14+.DOC This is a case of driving under the influence of alcohol. There is no question that the owner of the vehicle is liable. The only modification, as I said, is to permit the insurer to pay and then to recover the amount awarded. The decree is modified accordingly. 3.

The entire amount with accrued interest has been deposited. The claimants will be at liberty to withdraw entire amount without furnishing any security or undertaking.

4.

The amount of statutory deposit is also to be transferred to the MACT, Mumbai and will also be invested in a fixed deposit with any nationalized bank. The MACT, Mumbai will permit this withdrawal on production of an authenticated copy of this order. 5.

The First Appeal is disposed of in these terms. There will be no order as to costs.

6.

The Civil Application does not survive and is disposed of as infructuous.

(G. S. PATEL, J) 12th July 2017