Mr. Ashish Vinayak Petakar v. Iffco Tokio G.Ic. Ltd. And ANR.

P.H. Jayani 02 (III) CAF2674.19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2674 OF 2019 IN FIRST APPEAL (ST.) NO. 31495 OF 2016 Ashish Vinayak Petakar ....Applicant In the matter between :- Iffco Tokio General Insurance Co. Ltd.

....Appellant V/s.

Ashish Vinayak Petakar and anr.

....Respondents Ms. Varsha Chavan for the applicant in CAF/2382/2017 and CAF/2383/2017 and FAST/31495/2016 and for the respondent in CAF/2674/2019.

Mr. Pritesh Bohade for respondent no.1 and for the applicant in CAF/2674/2019.

CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : 02nd AUGUST, 2019 P.C.:- .

The applicant herein has sought withdrawal of the compensation deposited by the respondent - insurance company in compliance with the impugned judgment and award dated 26/02/2016 passed by the MACT, Nashik in MACP No.351/2008.

2.

By the impugned judgment and award, the Claims Tribunal has directed the appellant - insurance company to pay to the original claimant an amount of Rs.3,18,800/- with interest @ 9% p.a. from the 1/2

P.H. Jayani 02 (III) CAF2674.19.doc date of petition till payment of the entire amount into the Court. 3.

The respondent - insurance company has not challenged the quantum of compensation but has challenged the liability to indemnify the insured for the reason that the driver was not holding a valid and effective driving license.

4.

The dispute is basically between the respondent - insurance company and the insured. Hence, in my considered view, there is no reason to deprive the applicant - original claimant of the compensation as awarded by the Claims Tribunal.

5.

Under the circumstances, the civil application is allowed. The applicant - original claimant is allowed to withdraw the compensation amount along with interest accrued thereon. The withdrawal shall be subject to the final outcome of the appeal. The applicant - original claimant shall give an undertaking that he shall refund the compensation along with interest in the event it is held that the respondent - insurance company is not liable to indemnify the insured. Digitally signed by Preeti H.

Jayani Date:

2019.08.07 13:44:08 +0530 6.

Civil Application No.2674/2019 stands disposed of. Preeti H.

Jayani (SMT. ANUJA PRABHUDESSAI, J.) 2/2