The Branch Manager, Icici Lombard General Insurance Co. Ltd v. Vikas Changdeo Mhais And Others

1 ca 10583.2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 958 CIVIL APPLICATION NO.10583 OF 2023 IN FA/2343/2023 WITH CA/7362/2023 IN FA/2343/2023 WITH FIRST APPEAL NO.2343 OF 2023 VIKAS CHNGDEV MHAIS

VERSUS

ICICI LOMBARD GENERAL INSURANCE CO LTD ...

Advocate for Applicant:

Mr. Rohit Dhongade h/f. Mr. Kulkarni Sanket S. Advocate for Respondent No.1: Mr. A. G. Choudhari ...

CORAM :ARUN R. PEDNEKER, J.

DATE :23rd AUGUST, 2023 PER COURT:

1.

The present first appeal is filed by the insurance company challenging the order passed by the motor accident claims tribunal awarding compensation to the claimant. In the instant case, the insurance company is disputing the involvement of the insured vehicle in the accident. The tribunal has taken into consideration the following facts and held that the insured vehicle was involved in the accident, (a) that the owner

2 ca 10583.2023 of the vehicle has not disputed the accident, (b) the vehicle was also badly damaged in the front side.

2.

In the fitness of the things, I grant withdrawal of 50% of the amount deposited on usual terms and conditions. The civil application for withdrawal of the amount is disposed of.

3.

The civil application for stay is disposed of.

4.

The first appeal is admitted.

[ARUN R. PEDNEKER, J.] marathe