Heard Mr. Dakshesh Mehta, learned advocate, for the appellant-Insurance Company.
Learned advocate submits that in view of decision in the case of National Insurance Company Ltd. v. Sinitha & Ors. [2011 (13) Scale 84] now it is open for the Insurance Company to raise defence even in a claim petition under Section 163 A of the Motor Vehicles Act. However, burden to prove negligence or likewise is shifted upon Insurance Company. Therefore, the decision in the case of New India Assurance Company Limited vs. P. Saguna widow of P. Balakrishna & Ors. and other decisions relied on by learned Tribunal deserves to be considered in this appeal in the context of applicability of the law laid down therein vis-a-vis National Insurance Company Ltd. v. Sinitha & Ors. case and facts of this case. Besides, other First Appeal arising out of the very accident claim is admitted by the coordinate Bench.
Considering the overall aspects as above, Admit.
To be heard with First Appeal No. 3560 and 3307 of 2011.
ORDER IN CIVIL APPLICATION Heard the learned counsel for the parties. Interim relief in terms of para 4 (A) on condition that the applicant shall deposit the amount awarded by the Tribunal together with interests and costs within six weeks from today. On such amount being deposited, the original claimants shall be at liberty to withdraw 30% of the deposited amount subject to the result of the first appeal. The remaining amount shall be invested by the Tribunal in the name of Registry of the Tribunal by way of a fixed deposit with a nationalised bank initially for a period of three years and on maturity shall be renewed by one year at a time without any further orders in this regard till the disposal of the appeal. The interest accruing on the said deposit shall be paid to the original claimants quarterly. The Fixed Deposit Receipt shall be retained by the Tribunal. Civil Application is allowed accordingly.
[ANANT S. DAVE, J.] //smita// Top