Dismissed

Icici Lombard General Insurance Co. Ltd., Thr Its Manager., v. Assencia Fernandes and 5 Ors.

Bombay HC1 Apr 2022FA/118/2017

Case brief

AI extract

What is this about?

The High Court of Bombay at Goa dismissed an appeal filed by an insurance company challenging the quantum of compensation awarded in a motor accident claim. The court held that no such appeal is maintainable without grant of leave under Section 170(b) of the Motor Vehicles Act, 1988.

What did the court decide?

Appeal dismissed as not maintainable; leave granted to claimants to withdraw deposited amount.

Icici Lombard General Insurance Co. Ltd., Thr Its… — Banking and Recovery | Bombay HC (2022)

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3-FA-118-17.DOC

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Suchitra

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IN THE HIGH COURT OF BOMBAY AT GOA

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FIRST APPEAL NO.118 OF 2017

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ICICI Lombard General Insurance Company Limited, Local office address Kamat Towers, Opposite KTC Bus Stand, Patto Plaza, Panaji Goa. Regional office address Ground and Fourth floor, Interface-11, New Link Road, Malad, West Mumbai, 400 064, through its Manager, (Insurer of Mahindra Thar Jeep No. GA03-P-6008) ...APPELLANT

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Versus

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Smt Assencia Fernandes, W/o late Gabriel Peter Fernandes, Age 40 years old, Housewife, and her children,

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Kum Ana Maria Fernandes, D/o late Gabriel Peter Fernandes, Age 19 years old, Student,

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Kum Patrina Fernandes, D/o late Gabriel Peter Fernandes, Age 19 years old, Student,

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Kum Alishka Fernandes, D/o late Gabriel Peter Fernandes, Age 13 years old, Student, All residence of H. No. 5/38-A, Maddawaddo, Calangute, Bardez Goa, Applicant no.4 since minor, Through her mother and natural Guardian

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Page 1 of 4 1st April 2022

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3-FA-118-17.DOC

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Smt Assencia Fernandes, Resident of H. No.5/38-A, Maddawaddo, Calangute, Bardez Goa.

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Mr William Simon Cardozo S/o Mr Anthony Cardozo, Age 49 years driver, R/o Marnawadi. Siolim | Bardez Goa. (Driver of Mahindra Thar Jeep No. GA-03-P-6008),

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Mr. Washington Pereira, S/o Altinho Pereira, Major of age, businessman, Resident of H. No.109/2, Mae-de-Deus, Sangolda, Bardez, Goa. (Registered owner of Mahindra Thar Jeep No. GA-03-P-6008)

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…RESPONDENTS

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Mr. Clayton Fonseca , Advocate for the Appellant. Mr. V. Kurtikar, Advocate for the Respondents No.1 to 4 .

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CORAM: M. S. SONAK, J. DATED: 1^st APRIL 2022

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ORAL JUDGMENT:

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1. Heard learned counsel for the parties.

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2. Learned counsel for the appellant does not dispute that no leave was obtained under Section 170 of the Motor Vehicles Act, 1988 before the Motor Accident Claims Tribunal. Therefore, by following the law laid down by the Division Bench of this Court in I.C.I.C.I. Lombard General Insurance Co. Ltd., Amravati vs. Surekha wd/o. Prakash Ghurde and ors. (2020) 2 Bom

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Page 2 of 4 1st April 2022

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3-FA-118-17.DOC

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CR 465, this appeal will have to be dismissed as not
maintainable.

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3. In I.C.I.C.I. Lombard General Insurance Co. Ltd. (supra), the Division Bench of this Court, after considering several decisions, including the decision in National Insurance Company Limited vs. Nicolletta Rohtagi, (2002) 7 SCC 456; United India Assurance Company Ltd. vs. Bhushan Sachdev, (2002) 2 SCC 265, United India Assurance Company Ltd. vs. Shila Datta, (2011) 10 SCC 509 and Josephine James vs. United India Insurance Company Limited (2013) 16 SCC 711 has held that notwithstanding the reference made, the decisions in Nicoletta Rohtagi (supra) and Josephine James (supra) hold good and based upon the same, the appeal filed by the Insurance Company questioning the quantum of compensation, would not be maintainable in the absence of permission under Section 170(b) of the Motor Vehicles Act.

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4. Accordingly, this appeal is dismissed. However, dismissal of this appeal will not come in the way of the appellant-Insurance Company from instituting any other proceedings, if maintainable in law.

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Page 3 of 4 1st April 2022

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3-FA-118-17.DOC

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5. The appellant-insurance company has deposited the awarded amount in this Court out of which the claimants have withdrawn 50%. Leave is now granted to the claimants to withdraw the balance 50% together with interest if any that may have accrued on the said amount after six weeks from today.

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6. The claimants will have to furnish proper identification and bank details so that the Registry can transfer this amount directly into the bank account of the claimants. This is no doubt subject to any other orders restraining withdrawal of such deposit, in the meanwhile.

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7. The appeal is disposed of in the aforesaid terms.

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8. Misc. Civil Applications, if any, do not survive and the same are disposed of.

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M. S. SONAK, J.

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Page 4 of 4 1st April 2022

Icici Lombard General Insurance Co. Ltd., Thr Its Manager., v. Assencia Fernandes and 5 Ors.

Case brief

What is this about?

What did the court decide?

Icici Lombard General Insurance Co. Ltd., Thr Its Manager., v. Assencia Fernandes and 5 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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