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2022 Supreme(Bom) 641

IN THE HIGH COURT OF BOMBAY AT GOA
M.S. SONAK, J.
Reliance General Insurance Co. Ltd, Through its authorized signatory, Mr. Vivek Karne - Appellant
Versus
Shri Jafar Sye Kadar Mulla, S/o Sayed Kadar Mulla – Respondent
First Appeal No.143 of 2019
Decided on : 07-04-2022

Advocates:
Advocate Appeared:
For the Appellant :Mr. James Lopes, Advocate

Headnote:

Motor vehicle Act - Section 170 – Motor Accident – Claim of Compensation – Held, In this case, no leave was obtained under Section 170 of the MV Act, appeal questioning quantum of compensation – Appellant/Insurance Company has deposited the awarded amount in this appeal, claimants are permitted to withdraw the amount deposited in this Court together with interest, if any, that may have accrued thereon, after adjusting the amounts already withdrawn by the claimants, after six weeks from today, unless, of course, appellant/Insurance Company, in the meanwhile, secures restraint orders for such withdrawal - Appeal is disposed of.

JUDGMENT :

1. Heard Mr. James Lopes, learned Counsel for the appellant. The respondents, though served, are absent.

2. Admittedly, in this case, no leave was obtained under Section 170 of the MV Act. Therefore, the appeal questioning the quantum of compensation awarded in the impugned award will not be maintainable having regard to the law laid down by the Division Bench of this Court in I.C.I.C.I. Lombard General Insurance Co. Ltd., Amravati V/s. Surekha w/o. Prakash Ghurde and ors., (2020) 2 Bom.CR 465.

3. Accordingly, this appeal is dismissed. However, dismissal of this appeal will not come in the way of the appellant-Insurance Company from instituting any other proceedings, if maintainable in law.

4. The appellant/Insurance Company has deposited the awarded amount in this appeal. Accordingly, the claimants are permitted to withdraw the amount deposited in this Court together with interest, if any, that may have accrued thereon, after adjusting the amounts already withdrawn by the claimants, after six weeks from today, unless, of course, the appellant/Insurance Company, in the meanwhile, secures restraint orders for such withdrawal.

5. Further, upon deposit of the entire awarded amount, the claimants will be entitled to withdraw the same. Registry to ensure that necessary intimation is sent to the claimants. The claimants will have to submit proper identification and bank details so that the Registry can directly transfer the amounts into the respective bank accounts of the claimants.

6. The appellant/Insurance Company will however be entitled to withdraw the statutory deposited amount of Rs.25,000/-. The Registry to permit such withdrawal forthwith.

7. This appeal is disposed of in the aforesaid terms.

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