Padmashree Bharat Nille And ANR. v. Tata Aig General Insurance Co. Ltd.

22-2-IA-4285-23 IN FA-118-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.4285 OF 2023 IN FIRST APPEAL NO.118 OF 2023 Padmashree Bharat Nille & Ors.

.... Applicants

IN THE MATTER BETWEEN

Tata AIG General Insurance Co. Ltd.

.... Appellant V/s.

Padmashree Bharat Nille & Ors.

.... Respondents ---- Mr.Nagesh Y. Chavan, for Applicant Nos.1 & 2. Mr.D.S. Joshi, for the Appellant in First Appeal and for the Respondent in IA.

Mr.Parth Modak i/b Mr.Bhushan Walimbe, for Respondent No.4. by NILAM SANTOSH KAMBLE Date: 2024.06.18 18:35:06 +0530 NILAM SANTOSH KAMBLE ---- CORAM : ARUN R. PEDNEKER, J.

DATE : 13th JUNE 2024 P.C:- .

Heard learned counsel for the Applicant.

2.

The Insurance Company is filed First Appeal challenging the judgment of the Tribunal primarily on two counts. The learned counsel submit that policy commenced on 7th July 2017 after the accident. Secondly, policy is Act only N.S. Kamble page 1 of 2

22-2-IA-4285-23 IN FA-118-23.doc policy. As such occupant within the vehicle could not be covered within the policy. However, both the contention of the Appellant has been negative by the Tribunal, by observations at paragraph Nos.32 and 36. Without going into the merits of the contention raised and taking into consideration the above submissions of the Insurance Company, it is proper to admit the Appeal and I permit the Claimant's to withdraw 25% of the compensation amount along with accrued interest thereon. Since, the Appeal is only filed by the Insurance Company, the judgment of the Tribunal is not stayed against the occupant No.2/owner of the vehicle.

3.

On admission, the learned counsel for the Claimant's Mr.Nagesh Y. Chavan, waives notice.

4.

The Application for withdrawal is disposed of. 5.

Call Record and Proceedings.

(ARUN R. PEDNEKER, J.) N.S. Kamble page 2 of 2