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2022 DIGILAW 954 (BOM)

Shriram General Insurance Co. Ltd. , Through the legal manager, Mr. Tushar Bendale v. Albino Fernandes

2022-04-01

M.S.SONAK

body2022
JUDGMENT : 1. Heard learned counsel for the parties. 2. Mr. James Lopes, learned counsel for the appellant does not dispute that in this case no leave was obtained under Section 170 of the Motor Vehicles Act. Therefore, by following the law laid down by the Division Bench of this Court in I.C.I.C.I. Lombard General Insurance Co. Ltd., Amravati vs. Surekha wd/o. Prakash Ghurde and ors. (2020) 2 Bom CR 465, this appeal will have to be dismissed as not maintainable. 3. In I.C.I.C.I. Lombard General Insurance Co. Ltd. (supra), the Division Bench of this Court, after considering several decisions, including the decision in National Insurance Company Limited vs. Nicolletta Rohtagi, (2002) 7 SCC 456 ; United India Assurance Company Ltd. vs. Bhushan Sachdev, (2002) 2 SCC 265 , United India Assurance Company Ltd. vs. Shila Datta, (2011) 10 SCC 509 and Josephine James vs. United India Insurance Company Limited (2013) 16 SCC 711 has held that notwithstanding the reference made, the decisions in Nicoletta Rohtagi (supra) and Josephine James (supra) hold good and based upon the same, the appeal filed by the Insurance Company questioning the quantum of compensation, would not be maintainable in the absence of permission under Section 170(b) of the Motor Vehicles Act. 4. The appellant-insurance company has deposited the awarded amount in this Court. Now that this appeal has been dismissed, the respondent nos.1(a), 1(b) and 1(c) - claimants will be entitled to withdraw this deposited amount together with the interest that may have accrued thereon. Leave is granted to the claimants to withdraw the said amount after six weeks from today. 5. The claimants will have to furnish proper identification and bank details so that the Registry can transfer this amount directly into the bank account of the claimants. This is no doubt subject to any other order restraining the withdrawal of such deposit in the meanwhile. 6. Since the appellant-insurance company has deposited the entire awarded amount, liberty is granted to the appellant-insurance company to withdraw the amount of Rs. 25,000/-deposited by it as statutorily required, at the time of institution of this appeal. 7. The appeal is disposed of in the aforesaid terms. There shall be no order for costs. 8. Miscellaneous civil applications if any do not survive and the same are also disposed of.