Disposed

Vandana Raju Kokane and Ors. v. the Oriental Insurance Co. Limited, Pune

Bombay HC2 Jul 2024IA/1662/2024

Case brief

AI extract

What is this about?

Insurance company's first appeal against a Motor Accident Claims Tribunal award was admitted; its new argument that the trailer was uninsured had not been raised before the Tribunal. Interim application allowed: first claimant may withdraw 70% of her share with interest; minors' shares stay in fixed deposit with withdrawals permitted for exigencies.

What did the court decide?

Applicant No.1 permitted to withdraw 70% of her award share with accrued interest; minors' shares kept in fixed deposit; interim application allowed and appeal admitted.

Vandana Raju Kokane and Ors. vs the Oriental Insurance Co. Limited… — Insurance | Bombay HC (2024)

¶1

48-ia-1662-2024-fa-1034-2023.doc

¶2

Shubhada S Kadam

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

¶4

INTERIM APPLICATION NO.1662 OF 2024 with

¶5

FIRST APPEAL NO.1034 OF 2023

¶6

Vandana Raju Kokane and ors. … Applicants In the matter of The Oriental Insurance Co.Ltd., Pune … Appellant versus Vandana Raju Kokane and ors. …. Respondents

¶7

Mr. Yuvraj Narvankar, Advocate for the Applicants/Respondent Nos.1 to 4.

¶8

Ms. Kalpana Trivedi, Advocate for the Appellant-Insurance Company. Mr. Shailesh Chavan i/b. Mr. Milind Deshmukh, Advocate for Respondent Nos.6 and 7.

¶9

CORAM : ARUN R. PEDNEKER, J.

¶10

DATE : 2^nd JULY, 2024.

¶11

P.C. :

¶12

Heard the learned counsel appearing for the parties.

¶13

Digitally signed by SHUBHADA SHUBHADA SHANKAR SHANKAR KADAM KADAM Date: 2024.07.04 10:36:23 +0530

¶14

The learned counsel appearing for the appellant-Insurance Company submits that the trailer was not insured and only the tractor was insured and, as such, he can be saddled with the liability to the extent of damage caused by the tractor to a third party and not by the trailer. However, such an argument was not raised before the Tribunal. It was the contention of the Insurance Company before the Tribunal that the concerned driver of the tractor did not hold a necessary license which has

¶15

1/2

¶16

48-ia-1662-2024-fa-1034-2023.doc

¶17

Shubhada S Kadam

¶18

been specifically negatived by the Tribunal holding that the tractor with trailer was driven by a person competent to drive and holding a valid license, as such, I deem it appropriate to allow the application for withdrawal.

¶19

Applicant No.1 is permitted to withdraw the amount of 70% in proportion of her share along with accrued interest thereon as permitted by the Tribunal subject to an undertaking to the satisfaction of the Presiding Officer of the Motor Accident Claims Tribunal, Kolhapur. As far as the shares of the minors is concerned, the same shall remain deposited in Fixed Deposit. However, in case of any exigency qua the minors, specifically educational requirements, applicant No.1 would be permitted to seek withdrawal even a part of their share as and and when such occasion arises. The Interim Application No.1662 of 2024 is allowed and disposed of.

¶20

The first appeal is admitted.

¶21

On admission, Mr. Narvankar learned counsel, waives notice for respondent Nos.1 to 4 and Mr. Chavan, learned counsel, waives notice for respondent Nos.6 and 7.

¶22

Call for record and proceedings.

¶23

The stay to the impugned order, granted earlier, stands confirmed till the final disposal of the appeal.

¶24

(ARUN R. PEDNEKER, J.)

¶25

2/2

Vandana Raju Kokane and Ors. v. the Oriental Insurance Co. Limited, Pune

Case brief

What is this about?

What did the court decide?

Vandana Raju Kokane and Ors. v. the Oriental Insurance Co. Limited, Pune

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Neeta Suhas Nikale and Anr. vs General Managaer,Sbi G.I.C.Ltd. and Anr.

Agnel Ganpat Gavali vs the Chief Officer, Silvassa Municipal Council and Anr.

Agnel Ganpat Gavali vs the Chief Officer, Silvassa Municipal Council and Anr.

Ranu Mundhada vs Lakshmi Properties Ltd. Now Known as Shrinika Infra Limited

Anita Goutam Kamble and Ors. vs Maharashtra Sate Road Transport Corporation Thr. Divisional Controller, Kolhapur

Smt Devibai Nankchand Relan Since Deceased His Legal Heirs Nandakishore Nanakchand Relan vs Nitin Raut Deputy Collectr