Iffco Tokio General Insurance Co.Ltd. v. Vinod Mangaldas Shah And ORS.

22-FA.194.2026.doc JVS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 194 OF 2026 JAYANT VISHWANATH SALUNKE WITH INTERIM APPLICATION NO. 1671 OF 2026 JAYANT VISHWANATH SALUNKE Date: 2026.03.04 18:35:52 +0530 IFFCO-Tokio General Insurance Co. Ltd.

} Appellant

Versus

Vinod Mangaldas Shah & Ors.

} Respondents Mr. Vineet Naik, Senior Advocate with Mr. Sumanth Anchan, Mr. Anubhav Dutta, Mr. Nabeel Malik and Mr.Vineet Sawant i/b. Tuli & Co., Advocates for the Petitioner. None for the Respondents.

CORAM:

SHREE CHANDRASHEKHAR, CJ. & GAUTAM A. ANKHAD, J.

DATE:

4th MARCH 2026 P.C.:

FIRST APPEAL NO. 194 OF 2026:- On instructions, Mr. Vineet Naik, the learned senior counsel for the appellant-Insurance Company states that this First Appeal is confined to the findings recorded by the Tribunal attributing contributory negligence to the driver of the vehicle which was insured with the appellant-Insurance Company. The learned senior counsel for the Insurance Company further states that the Insurance Company is not challenging the quantum of compensation awarded by the Tribunal to the dependents of the victim.

2.

Issue notice to the respondents, returnable on 6th April 2026. For effecting service upon the private respondents, hamdast is permitted. To be served within two weeks.

22-FA.194.2026.doc INTERIM APPLICATION NO. 1671 OF 2026:- 3.

The learned senior counsel for the appellant-Insurance Company makes a statement that an amount of Rs. 5 crores shall be disbursed to any one of the respondent nos. 1 to 6 duly authorised in this behalf by the other respondents within a period of one week. Let this amount of Rs. 5 crores be deposited before the Motor Accident Claims Tribunal, Pune with liberty to the respondent nos. 1 to 6 to withdraw the said amount pending final adjudication in First Appeal No. 194 of 2026. 4.

On deposit of an amount of Rs. 5 crores before the Motor Accident Claims Tribunal, Pune, the execution proceeding, if any, pursuant to the judgment dated 13th November 2025 in Motor Accident Claim Petition No. 313 of 2016 shall remain stayed. 5.

Interim Application No. 1671 of 2026 is disposed of. [GAUTAM A. ANKHAD, J.] [CHIEF JUSTICE]