Partly allowed

Oriental Insurance Co.Ltd. v. Smt. Rani Jagdish Sahadevan and Ors.

Bombay HC20 Feb 2023FA/1481/2002

Case brief

AI extract

What is this about?

In a first appeal regarding motor accident claims, the court allowed a settlement wherein the appellant insurance company agreed to deposit Rs. 30,00,000 as compensation. The appeal was partly allowed, and the claimants were permitted to withdraw the Tribunal award plus interest along with the settlement amount.

What did the court decide?

Deposit of Rs. 30,00,000 by appellant before MACT; claimants permitted to withdraw Tribunal award with interest and settlement amount.

Oriental Insurance Co.Ltd. Vs Smt. Rani Jagdish… — Motor Accident Claims | Bombay HC (2023)

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4.fa.1481.2002 .odt

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RAMESHWAR DILWALE

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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FIRST APPEAL NO. 1481 OF 2002

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Oriental Insurance Co. Ltd. …. Appellant Versus Rani Jagdish Sahadevan & Ors. ….Respondents

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...

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Mrs. S.S. Dwivedi Advocate for the Appellant. Mr. Abhishek Pungliya i/b Neel Pungliya Advocate for the Respondent Nos. 1 & 2.

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…

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CORAM : S. G. DIGE, J.

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DATE : 20TH FEBRUARY, 2023.

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P.C. :

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Heard learned counsel for the appellant and learned counsel for respondents.

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Both learned counsel submit that both the parties have settled the matter. The appellant-insurance company is ready to pay Rs. 30,00,000/- as compensation to respondent-claimant excluding the amount already deposited before the Motor Accident Claims Tribunal, Mumbai in MACT No. 2493 of 1991 as per the order dated

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Corrected version of order dated 20th February 2023 pursuant to speaking to minutes of order dated 23rd February 2023.

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4.fa.1481.2002 .odt

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RAMESHWAR DILWALE

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05 May 2000. This amount of Rs. 30,00,000/- would be without interest, it excludes the compensation awarded by MACT Mumbai.

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Learned counsel for respondent-claimant agrees for it. The claimants who are present in the Court also agrees for the same. The Officer of appellant who present in the Court also agrees for the same.

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In view of the submission of both learned counsel and the respondent-claimant, I pass following order.

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O R D E R

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i. Appeal is partly allowed.

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ii. The appellant insurance company shall deposit amount of Rs. 30,00,000/- before the MACT, Mumbai within four weeks from today.

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iii. The Claimants are permitted to withdraw the amount deposited by appellant as award amount granted by Tribunal along with accrued interest thereon and the amount of Rs. 30,00,000/-.

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iv. The statutory amount be transmitted to the MACT, Mumbai. The parties are at liberty to withdraw it as per Rule. The appeal is disposed off.

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Corrected version of order dated 20th February 2023 pursuant to speaking to minutes of order dated 23rd February 2023.

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4.fa.1481.2002 .odt

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RAMESHWAR DILWALE

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Parties to an act on authenticated copy of this order.

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All pending applications, if any, stand disposed off.

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(S. G. DIGE, J.)

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Corrected version of order dated 20th February 2023 pursuant to speaking to minutes of order dated 23rd February 2023.

Oriental Insurance Co.Ltd. v. Smt. Rani Jagdish Sahadevan and Ors.

Case brief

What is this about?

What did the court decide?

Oriental Insurance Co.Ltd. v. Smt. Rani Jagdish Sahadevan and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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