Allowed

Laxmibai Tuljasingh Thakur and Ors. v. the Oriental Insurance Co. Ltd. Thr Its Div. Manager, Aurangabad and Anr.

Bombay HC14 Dec 2017CA/11512/2017

Case brief

AI extract

What is this about?

Civil application to withdraw 50% of deposited compensation. Court allowed withdrawal with 12-week undertaking to refund if appeal fails, relying on insurer liability principles when policy cancellation was not intimated.

What did the court decide?

Applicants permitted to withdraw 50% of compensation deposited with interest, undertaking to deposit amount within 12 weeks if appealed order adverse.

Laxmibai Tuljasingh Thakur and Ors. Vs the… — Civil Procedure and Limitation | Bombay HC (2017)

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910.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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 910 CIVIL APPLICATION NO. 11512 OF 2017
IN FIRST APPEAL ST. NO.7695/2017

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LAXMIBAI TULJASINGH THAKUR AND ORS
VERSUS
THE ORIENTAL INSURANCE CO. LTD. THR ITS DIV.
MANAGER,AURANGABAD AND ANR

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...

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Advocate for Applicants : Mr. Mayure Pramod C
Advocate for Respondents 1 and 2 : Mr. Dhananjay P.
Deshpande

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ORDER:

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1. Heard learned counsel for the applicants and

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learned counsel for the respondents.

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2. This is an application for withdrawal of the
amount of compensation deposited by the respondent
Insurance company in this Court.

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3. Learned counsel appearing for the respondents
has objection to pay the entire amount to the
applicants on the ground that the policy issued to
respondent No.2 was already cancelled and it was
intimated to respondent No.2 and therefore, the
respondent Insurance company is not responsible to pay
compensation. As against this, the learned counsel for

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the applicant submits that as per the observations of

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1/2

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910.odt

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the Apex Court in the case of United Insurance Co.
Ltd. Vs. Laxmamma and others, reported in AIR 2012 SC
2817, when the cancellation of policy was not intimated
to the insurer before the accident, then the insurer
is firstly liable to pay the compensation. Presently,
the award is in favour of the applicants.

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4. In view of the above, for the reasons stated in
the application, I am of the opinion that at least 50%
of the amount of compensation under award alongwith
with interest accrued thereon is to be paid to the
applicants. Hence following order:

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O R D E R

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Applicants are permitted to withdraw 50% of the
amount of compensation deposited in this court
with interest accrued thereon on furnishing
undertaking that in the event of adverse order
passed in the appeal, they shall deposit the
said amount within a period of 12 weeks.

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5. The civil application is disposed of

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JPC

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Laxmibai Tuljasingh Thakur and Ors. v. the Oriental Insurance Co. Ltd. Thr Its Div. Manager, Aurangabad and Anr.

Case brief

What is this about?

What did the court decide?

Laxmibai Tuljasingh Thakur and Ors. v. the Oriental Insurance Co. Ltd. Thr Its Div. Manager, Aurangabad and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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