Rereliance General Insurance C v. Mr. Tushar Anant Kolte And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.715 OF 2023 Reliance General Insurance Co.

570, Rectifier House, In-Origin Electric Ltd., Naigaon Cross Road, Wadala, Mumbai-400 031.

} } } } ....Appellant V/s.

} } } } } } } } } } ....Respondents ---- Ms.Shalini Shankar, for the Appellant.

Mr.Saumen S. Vidyarthi a/w Ms.Ishita Bhole, for Respondent No.1.

1. Mr.Tushar Anant Kolte R/at Flat No.5/9, Heritage Parody No.1, Sai Nagar, Tulaskarwadi, M.G. Road No.1, Kandivali (W), Mumbai- 400 067 NILAM SANTOSH KAMBLE NILAM SANTOSH KAMBLE Date: 2023.12.29 12:02:53 +0530

2. M/s.Balaji Tours & Ravels Proprietor Sanjay Chelladurai Gandhi A/200 Samarth Manzil, R.P. Marg, Kalher Village, Taluka-Bhiwandi, Thane, Maharashtra.

---- CORAM : SHIVKUMAR DIGE, J.

DATE : 7th DECEMBER 2023 JUDGMENT :- .

The issue involved in this Appeal is, cheque which was given as a premium of the Insurance Policy was dishonored. 2.

It is contention of the learned counsel for the N.S. Kamble page 1 of 3

Appellant that, the owner of the offending vehicle had issued a cheque as a premium of Insurance Policy but said cheque was dishonored. Hence, the policy issued by the Insurance Company was ab-inito. But this fact is not considered by the Tribunal and passed the impugned order which is not proper. Hence, requested to allow the Appeal.

3.

It is contention of the learned counsel for Respondent No.1 that, no notice was given to the owner of the offending vehicle in respect of dishonor of cheque. No evidence led before the Tribunal by the Appellant-Insurance Company to prove that cheque was dishonored. Hence, requested to dismiss the Appeal.

4.

I have heard both learned counsel. Perused judgment and order passed by the Motor Accident Claims Tribunal ('The Tribunal' for short), Mumbai.

5.

It is contention of the learned counsel for the Appellant that, the cheque which was given as a premium of Insurance Policy was dishonored. But no evidence was produced in that regard before the Tribunal. Moreover, no notice was N.S. Kamble page 2 of 3

issued to the owner of the offending vehicle, informing him about cheque was dishonored. In absences of the evidence or no notice given to the owner of the offending vehicle, the contention of the learned counsel for the Appellant cannot be accepted. 6.

In view of the above, I pass following order.

ORDER

(i) The Appeals is dismissed. No order as to cost. (ii) The Respondents-Claimants are permitted to withdraw the deposited amount along with accrued interest thereon.

(iii) The Statutory amount be transferred to the Tribunal. The parties are at liberty to withdraw it, as per Rules.

(iv) Pending Civil/Interim Applications are disposed of.

(SHIVKUMAR DIGE, J.) N.S. Kamble page 3 of 3