Praveen @ Praveenkumar Jairamdas Chandanani. v. Rana Tilakraj Brijlal Khurana And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 946 CIVIL APPLICATION NO.14207/2019 IN FIRST APPEAL (ST) NO.23587/2019 PRAVEEN @ PRAVEENKUMAR JAIRAMDAS CHANDANANI

VERSUS

RANA TILAKRAJ BRIJLAL KHURANA AND ANOTHER ...

Advocate for Applicant : Shri Nagarkar Kiran M. Advocate for Respondent no.1 : Smt.Pooja Tayade h/f Shri Rathi Swapnil S. Advocate for Respondent no.2 : Shri Goyanka M.K. CORAM: V.L. ACHLIYA, J.

DATE: 10.01.2020 PER COURT :

1] The applicant - claimant has moved this application to transfer the amount deposited by the appellant - insurance company to the Claims Tribunal at Nanded. However, the learned counsel for the applicant submits that the application be treated as an application moved seeking withdrawal of the amount by the claimants.

2] Heard learned counsel for the applicant and respondent nos.1 and 2.

3] Learned counsel for the respondent no.2 - insurance company opposed the application with contention that the appellant

- 2 - has good case to succeed on merits. It is submitted that there was breach of condition on the part of the insured. The driver of the Bus was not holding valid and efective driving licence to drive the vehicle in question, which was used for carriage of the passengers. It is further submitted that the award passed by the Tribunal is excessive and unsustainable in law.

4] On due consideration of the submissions advanced in the light of challenge raised in the appeal, I am of the view that passing of following order would meet the ends of justice.

O R D E R

A] The applicant is permitted to withdraw amount of Rs.3,50,000/- out of amount of Rs.10,27,896/- deposited by the insurance company, on furnishing undertaking that in the event the award is modifed or set aside, the applicant shall re-deposit the amount within four weeks from the date of passing such order.

B] After paying amount of Rs.3,50,000/-, balance amount deposited by the insurance company be invested in fxed deposit initially for a period of two years with standing instructions to renew the fxed deposit till further orders.

C] Withdrawal of the amount as well as payment of

- 3 - interest in terms of above order shall be subject to fnal outcome of the appeal.

D] Civil application is disposed of in above terms. (V.L. ACHLIYA, J.) ndk/c1012010.doc