Icici Lombard General Insurance Company Ltd. Mumbai v. Vishvanath Chandrakant Gurav and Anr.
Case brief
What is this about?
Act policy; occupant not covered; insurer liability in motor accident claim; MACP No.1404 of 2016; absence of specific plea in written statement; evidence cannot be considered without pleading; raising new issue for first time in appeal; not a pure question of law; First Appeal No.1748 of 2025; High Court of Judicature at Bombay; Civil Appellate Jurisdiction; R. M. Joshi, J.; ICICI Lombard General Insurance Company; Vishvanath Chandrakant Gurav; dismissal of insurer's appeal; withdrawal of deposited compensation with accrued interest; transmission of statutory amount to Tribunal.
What did the court decide?
Claimants permitted to withdraw the deposited amount alongwith accrued interest thereon; statutory amount to be transmitted to the Tribunal alongwith accrued interest, withdrawable by the parties as per Rule; record and proceedings to be sent back to the Tribunal; pending applications, if any, stand disposed of.