Hdfc Ergo General Insurance Co. Ltd., Mumbai, Through Claims Manager v. Smt. Lilabai W/O. Govindrao Gaidhane And Others

1989.17ca (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT NAGPUR CIVIL APPLICATION NO.1989 OF 2017 IN FIRST APPEAL NO.5 OF 2016 HDFC ERGO General Insurance Co.Ltd., through its Claims Manager, Mumbai ..

Appellant

Versus

Smt. Lilabai w/o Govindrao Galdhane and ors.

..

Respondents Mr A.J. Pophaly, Advocate for appellant Mr P.R. Agrawal, Advocate for respondents no.1,2 & CORAM : N.W. SAMBRE, J.

DATE : 5th MAY, 2017 ORAL ORDER :

1.

This is an application for withdrawal of amount, which is strenuously opposed by learned Counsel for appellant-Insurance Company on the ground that the policy on which reliance is placed is fake policy.

2.

Perused the judgment delivered by the Motor Accident Claims Tribunal, Wardha. There is finding recorded that the present appellant has failed to

1989.17ca (2) prove that the policy was fake policy as neither the Form which was submitted by the vehicle owner for carrying out issuance of vehicle was produced nor any competent witness in support thereof was examined.

3.

In view thereof, in my opinion, the claimants are entitled for withdrawal of the amount to the extent of 75% upon furnishing usual undertaking to the satisfaction of the Registrar (Judicial). 4.

Civil Application stands allowed accordingly. (N.W. SAMBRE, J.) Tupe