Allowed an insurer's appeal regarding a claim dispute, permitting the claimant to withdraw 50% of deposited claims contingent on a judicial undertaking.
Claimant permitted to withdraw 50% of deposited amount on undertaking to Registrar Judicial.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
ca 3628.2017.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CA/3628/2017 IN FA/3231/2016
ANASAHEB BALASAHEB TAMBE
versus M/S ORIENTAL INSURANCE CO. LTD.AND OTHERS.
Advocate for Appellant : Mr Karpe Rahul R.
CORAM : V.K. JADHAV, J. Dated: March 29, 2017 ...
PER COURT :-
the appeal that the complaint was lodged belatedly and therefore, involvement of the vehicle in the accident is doubtful. It appears from the impugned judgment and award that though the complaint was filed belatedly i.e. after
2 ca 3628.2017.odt
a period of one month of the accident and after due investigation charge sheet came to be submitted before the Court, respondent owner has not denied happening of the accident. On the other hand, respondent owner has failed to contest the claim petition. It further appears from the impugned judgment and award that the insurer has not raised a specific plea about the non-involvement of the vehicle in the accident and further in collusion with the respondent-owner, claimant has filed claim petition before the Tribunal.
...
ANASAHEB BALASAHEB TAMBE
M/S ORIENTAL INSURANCE CO. LTD.
V.K. JADHAV
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
