The Oriential Insurance Co. Ltd. Gulbarga through the… — Motor Accident Claims | Bombay HC (2025)

The Oriential Insurance Co. Ltd. Gulbarga through the… — Motor Accident Claims | Bombay HC (2025)

What the court decided

AI extract

Outcome

Claimant permitted to withdraw 70% of the compensation amount deposited by the insurer, on furnishing the usual undertaking to the Registrar (Judicial) to redeposit the amount if an adverse order is passed in appeal FAST/30832/2024; the Civil Application stands disposed of.

Issue for consideration

Whether the original claimant is entitled to withdraw, pending appeal FAST/30832/2024, the compensation amount deposited by the insurer pursuant to the award dated 2.8.2022 in MACP No. 376 of 2012. +1 more

Court's answer

The Civil Application is partly allowed and the claimant is permitted to withdraw 70% of the compensation amount as deposited by the respondent/insurer; the CA stands disposed of.

Ratio / Principle

On consideration of the grounds of appeal and the reasons adopted by the Tribunal, the applicant/claimant is certainly entitled to partial withdrawal of the deposited amount, notwithstanding the insurer's breach-of-policy challenge to the award.

Key takeaways

The withdrawal is conditional: the claimant must furnish the usual undertaking to the satisfaction of the Registrar (Judicial) of this Court that he shall redeposit the amount if an adverse order is passed in the pending appeal.ratio¶¶25

Detailed headnote1 paragraphs

Motor Vehicles Act — Compensation — Conditional release of deposited award amount pending appeal. The Tribunal, by award dated 2.8.2022 in MACP No. 376 of 2012, directed respondent Nos. 1 to 3 to jointly and severally pay the claimant — injured in a motor vehicular accident — Rs.2,71,700/- with interest @ 8% p.a. The insurer deposited the amount and has appealed in FAST/30832/2024, assailing the award mainly on the ground of breach of policy. Held, on consideration of the grounds of appeal and the Tribunal's reasons, the claimant is certainly entitled to partial withdrawal of the deposited amount; the Civil Application is partly allowed and the claimant may withdraw 70% of the deposited compensation on furnishing the usual undertaking to the Registrar (Judicial) that he will redeposit the amount if an adverse order is passed in appeal. In the connected delay application, notice was ordered reissued to respondent Nos. 2 and 3, returnable in four weeks, and humdast was permitted.

ca 12801.24.odt

1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

68 CIVIL APPLICATION NO. 12801 OF 2024 IN FAST/30832/2024

The Oriental Insurance Company Limited VERSUS

Haridas Gopichand Patil And Ors

Advocate for Applicant : Mr. A.S. Deshpande h/f A.R. Puranik Advocate for Respondent 1 : Mr. Umesh Mitkari h/f M.S. Kulkarni

WITH

CIVIL APPLICATION NO. 3234 OF 2025 IN FAST/30832/2024

Haridas Gopichand Patil

Versus

The Oriental Insurance Company Limited and others

Mr. Umesh Mitkari h/f M.S. Kulkarni advocate for applicants. Advocate for respondent 1 : Mr. A.S. Deshpande h/f A.R. Puranik

CORAM : S. G. CHAPALGAONKAR, J. Dated : March 25, 2025

ORDER :-

Delay application :-

Re-issue notice to respondent nos.2 and 3 on same address, returnable four weeks.

2. Humdast permitted.

CA for withdrawal of the amount :-

Heard learned advocates appearing for the respective parties.

ca 12801.24.odt

2

The applicant/original claimant seeks permission to withdraw the amount as deposited by the Respondent/insurer in pursuance to the award dated 2.8.2022 passed in MACP no.376 of 2012. Applicant is original claimant. He suffered injuries on account of motor vehicular accident. He approached the Tribunal for compensation under the provisions of the Motor Vehicles Act. Respondent/insurer contested claim, however, Tribunal, after evaluation of the evidence, passed an award directing the respondent nos.1 to 3 to jointly and severally pay compensation of Rs.2,71,700/alongwith interest @ 8% p.a.

The respondent/insurer assails the aforesaid award mainly on the ground of breach of the policy. Upon consideration of the grounds of appeal and reasons as adopted by the Tribunal, the applicant/claimant is certainly entitled for partial withdrawal of the amount.

In the result, application is partly allowed . The applicant is permitted to withdraw 70% of the compensation amount as deposited by the respondent/insurer on furnishing usual undertaking to the satisfaction of the Registrar (Judicial) of this Court that he shall redeposit the amount, if adverse order is passed in appeal. CA stands disposed of.

( S. G. CHAPALGAONKAR, J. )

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