Partly allowed

Sk. Rafiq Sk. Aziz v. the New India Assurance Co. Ltd. Thr Its Auth. Signatory Ravikant Yadhav and Ors.

Bombay HC9 Oct 2017CA/4956/2017

Case brief

AI extract

What is this about?

In this civil application, the High Court allowed the applicants to withdraw 50% of the compensation deposited by the respondent insurance company, subject to an undertaking to redeposit the full amount in case of an adverse appellate order within 12 weeks, noting the object of the Motor Vehicles Act.

What did the court decide?

Applicants allowed to withdraw 50% of deposited compensation with interest, undertaking to redeposit full amount within 12 weeks if appeal fails.

Sk. Rafiq Sk. Aziz Vs the New India Assurance Co. Ltd… — Motor Accident Claims | Bombay HC (2017)

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86withdrawal.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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86 CIVIL APPLICATION NO. 4956 OF 2017

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IN

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FIRST APPEAL NO. 3964 OF 2017

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SK. RAFIQ SK. AZIZ AND ORS

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VERSUS

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THE NEW INDIA ASSURANCE CO. LTD. THR ITS AUTH.
SIGNATORY RAVIKANT YADHAV

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...

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Advocate for Appellant : Mr. Nagargoje Ankush N.
Advocate for Respondent No.1 : Mr. M. M. Ambhore

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CORAM: K. L. WADANE, J.
 DATE:9th October, 2017

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ORDER:

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1. Heard learned counsel for the applicants as well
as learned counsel for the respondent Insurance
company.

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2. This is an application filed by the applicants
claimants for withdrawal of the amount of compensation
deposited by the insurance company in this Court.

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3. The learned counsel appearing for the respondent
insurance company has opposed the application on the
ground that the injured was travelling in the goods
vehicle which is in contravention of the terms and
condition of the policy. The learned counsel appearing

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for the applicant submits that injured was travelling

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in the vehicle for bringing fruits and in the

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1/2

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86withdrawal.odt

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Panchanama, empty bags were seized. At present, the

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award is in favour of the applicants/ claimants.

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4. In view of the above, considering the object of
the Motor Vehicles Act and the compensation awarded, I
am of the opinion that at least 50% of the amount
deposited in the court can be paid to the applicants.

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5. Hence, the applicants are allowed to withdraw
50% of the amount deposited in this Court together
with proportionate interest accrued thereon on
furnishing undertaking that in the event of adverse
order passed in the appeal, they will redeposit the
entire amount so withdrawn within a period of 12 weeks.

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6. Civil Application disposed of.

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JPC

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2/2

Sk. Rafiq Sk. Aziz v. the New India Assurance Co. Ltd. Thr Its Auth. Signatory Ravikant Yadhav and Ors.

Case brief

What is this about?

What did the court decide?

Sk. Rafiq Sk. Aziz v. the New India Assurance Co. Ltd. Thr Its Auth. Signatory Ravikant Yadhav and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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