Aamer Yusuf Shaikh v. The Reliance Eneral Insurance Co Ltd Through Its Branch Manager And ORS

2024:BHC-AUG:2586 19-CA-12180-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 12180 OF 2023 IN FAST/22736/2023 AAMER YUSUF SHAIKH

VERSUS

THE RELIANCE GENERAL INSURANCE CO LTD THROUGH ITS BRANCH MANAGER AND OTHERS ...

Advocate for Applicant : Mr. Ravindra V. Gore Advocate for Respondent No.1 : Mr. A. S. Usmanpurkar ...

CORAM : S. G. MEHARE, J.

DATE : 02-02-2024 PER COURT :- 1.

Heard the learned counsel for the applicant and the learned counsel for respondent No.1/appellant.

2.

Learned counsel for respondent No.1/insurer states that the insurance policy was fake. The owner of the offending vehicle did not produce the policy. However, the learned Tribunal did not consider the plea of fake policy and incorrectly held the insurer liable. He also submits that the future prospects have also been held on higher side. It would not be more than 40%. Considering this aspect, the following order is passed;

i) The application is partly allowed.

ii) The applicant is permitted to withdraw Rs.6,00,000/- (Rs. Six Lakh only) out of the amount deposited with this Court with an undertaking that he will deposit the amount, if the impugned judgment and award is reversed.

iii) The balance amount be invested in the fixed deposit in any Nationalized Bank as per rules, till disposal of the appeal. ( S. G. MEHARE, J. ) rrd