Bombay High CourtFA/1038/2018dismissed

Icici Lombard General Insurance Co. Ltd. Amravati Thr. Manager, Mr. Mayur A. Pradhan v. Shri Manohar S/O Govindrao Kirekar And Another

2019-09-25Hon'Ble Shri Justice Nitin W. Sambre2 pages

1 fa1038.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR FIRST APPEAL NO.1038/2018 ICICI Lombard General Insurance Co. Ltd., Amravati ..Vs..

Shri Manohar S/o Govindrao Kirekar and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms. Ashwini Ahtalye, Advocate h/f Shri A.M. Mahajan, Advocate for the appellant.

Shri V.R. Thote, Advocate for respondent Nos.1 and 2. CORAM : NITIN W. SAMBRE, J.

DATED : 25.9.2019 1] Heard.

2] Submissions are, the claim petition at the behest of respondents / claimants was not maintainable and the policy Exh. No.29 does not cover the risk of the insured, who himself was driving the vehicle. 3] A support is drawn from the language of the Section 165 and Section 166 of the Motor Vehicles Act. Judgment in the matter of Oriental Insurance Company Limited V/s. Rajni Devi and others reported in (2008) 5 SCC 736 and judgment in the matter of New India Assurance Company Limited V/s. Sadanand Mukhi and others reported in (2009) 2 SCC 417 are also sought to be relied. In view thereof, ADMIT.

4] Shri V.R. Thote, learned Counsel waives notice for respondent Nos.1 and 2.

2 fa1038.18 5] Paper book be filed with a period of 6 months from today, failing which the appeal shall stand dismissed without reference to Court.

C.A.F. NO.206/2019 6] The claimants are permitted to withdraw Rs.1,00,000/- simplicitor without furnishing any undertaking.

The claimants are further permitted to withdraw 50% of the amount of compensation ordered by the Claims Tribunal after adjusting the aforesaid amount of Rs.1,00,000/- upon furnishing usual undertaking to the satisfaction of the Registrar (J.) JUDGE Tambaskar.