Dismissed

The New India Assurance Co.Ltd. v. Smt.Shambhavi Shaunak Kanhav and Anr.

Bombay HC24 Apr 2024FA/466/2023

Case brief

AI extract

What is this about?

Insurance company appealed against a Motor Accident Claims Tribunal award contending the claimant, the deceased's sister-in-law, was not a dependent or legal representative. Since the issue was never raised before the Tribunal nor in the written statement, the High Court dismissed the first appeal.

What did the court decide?

Appeal dismissed; claimant permitted to withdraw deposited amount with interest; statutory amount to be transmitted to the Tribunal.

The New India Assurance Co.Ltd. Vs Smt.Shambhavi… — Motor Accident Claims | Bombay HC (2024)

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381-FA-466-2023 J.doc

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Shantanu Dhudum

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE SIDE JURISDICTION

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Digitally signed bySHANTANU SHANTANU SHANKARSA SHANKARSA DHUDUM DHUDUM Date: 2024.05.07 10:56:10 +0530

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FIRST APPEAL NO. 466 OF 2023

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The New India Assurance Co. Ltd.	)
Having Office at : New India Assurance	)
Building, 87, M. G. Road, Fort, )
Mumbai-400 001, Mumbai through Mumbai	)
Legal Hub, 41-B, 4^thfloor, Maker Tower-E,	)
Near World Trade Centre, Cuffe Parade,	)
Mumbai-400 005	) ….Appellant (Orig. Opp. No.2)
Versus
1. Shambhavi Shaunak Kanhav	)
Age about : 28 years, Residing at : 307,	)
Building No.1, B. Wing, 3^rdFloor,	)
Narendra Camp, Vaishali Nagar,	)
Dahisar-E, Mumbai,	)
2. Ashok Milapchand Jain,	)
B-26, Adinath Society, Pune-411037. (Res	)….Respondents . No.1 is the Orig.
Appl	icant/ Claimant and
Res.	No.2 is the Org. Opp.
No.	1).

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381-FA-466-2023 J.doc

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Shantanu Dhudum

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Mr. Sandeep Sharad Jinsiwale, Advocate for the Appellant. Mr. T. J. Mendon, Advocate for the Respondent No.1.

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CORAM : SHIVKUMAR DIGE, J.

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DATE : 24^th APRIL, 2024.

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Oral Judgment :

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The issue involved in this appeal is, the Claimant cannot be considered as a dependent.

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It is contention of learned counsel for the

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Appellant/Insurance Company that Claimant is sister-in-law of the deceased. So, she cannot file claim petition on behalf of the deceased but this fact is not considered by the Tribunal. Hence, requested to allow the Appeal.

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Learned counsel for the Respondent No.1/Claimant submits that no issue was raised before this Court nor this issue was mentioned in the written statement. Learned counsel further submitted that the Claimant was staying with the deceased in his family. Being legal representative, she can file the claim petition and requested to dismiss the Appeal.

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I have heard both learned counsel. Perused judgment and

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381-FA-466-2023 J.doc

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Shantanu Dhudum

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order passed by the Motor Accident Claims Tribunal, Mumbai (for short “the Tribunal”).

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The issue raised before this Court was not taken as a defense before the Tribunal nor it was mentioned in the written statement hence, I do not see in the contention of learned counsel for

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the Appellant that Claimant cannot be considered as legal representative of the deceased.

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In view of above, I pass following order.

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ORDER

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i. Appeal is dismissed.

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ii. The Claimant is permitted to withdraw the deposited

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amount along with accrued interest thereon.

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iii. The statutory amount be transmitted to the Tribunal along

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with accrued interest thereon. The parties are at liberty to withdraw it, as per Rule.

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All pending applications, if any, stand disposed of.

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(SHIVKUMAR DIGE, J.)

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The New India Assurance Co.Ltd. v. Smt.Shambhavi Shaunak Kanhav and Anr.

Case brief

What is this about?

What did the court decide?

The New India Assurance Co.Ltd. v. Smt.Shambhavi Shaunak Kanhav and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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