Bombay High Court
M/S SHRIRAM GENERAL INSURANCE COMPANY LTD.versusARCHANA SOMAKANT BANKAR AND ANOTHER
- Disposal
- DISPOSED OFF
- Bench
- ABHAY MANTRI
Holding
The Court held that the impugned interim order is to be kept in abeyance and the appeal disposed with directions to transfer the deposited amount to the Tribunal and to expedite the claim petition within six months.
Summary
The appellant, Shriram General Insurance Co., appealed against an interim order that directed it to pay Rs.25,000 as no‑fault liability to the claimant, Archana Somakant Bankar. The insurer argued that the vehicle involved was not covered by its policy and that the documents produced were fabricated. The claimant agreed to keep the amount deposited by the insurer with the court until the pending claim petition before the Ahmednagar Tribunal is decided. The High Court, without examining the merits, held that the interim order should be kept in abeyance and ordered the deposited sum of Rs.15,588, with interest, to be transferred to the Tribunal. The Court also directed the Tribunal to expedite the claim petition and render a decision within six months, thereby disposing of the appeal with these directions.
Issues considered
- Whether the interim order directing the insurer to pay Rs.25,000 should be interfered with.
- Whether the impugned order should be kept in abeyance pending the resolution of the claim petition.
- Whether the amount deposited by the insurer should be transferred to the Tribunal with interest.
- Whether the Tribunal should be directed to decide the claim petition within a specified time frame.
Subjects
- insurance
- no‑fault liability
- interim order
- appeal
- tribunal
- abeyance
- deposit with interest
- expedited decision
Judgment
2026:BHC-AUG:34152
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
917 FIRST APPEAL NO. 1408 OF 2015
M/s Shriram General Insurance Company Ltd.
….Appellant
VERSUS
Archana Somakant Bankar And Another
…..Respondent
WITH
CIVIL APPLICATION NO. 6649 OF 2015
IN FA/1408/2015
Mr. A. P. Basarkar, Advocate for the Appellant
Mr. N. C. Garud, Advocate for the Respondent No. 1
CORAM : ABHAY J. MANTRI, J.
DATE : 06th AUGUST, 2026
PER COURT :
1. The Appellant being aggrieved by the interim order
passed below Exh.5 in MACP No. 742/2012 dated 19-01-2015,
thereby allowing the Application and directing the Appellant and
Respondent No. 2 jointly to pay an amount of Rs. 25,000/- towards
No Fault Liability to Respondent No. 1/original claimant.
2. Heard the learned Advocates for both the parties. Perused
the impugned order and record.
3. Having heard the learned Advocates for both the parties
and having gone through the record, the following point arises for
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consideration;
‘whether interference is required in the impugned order’
4. The learned Advocate for the Appellant/insurance
company vehemently contended that the Indica Car bearing
registration No. MP-08-CA-7755 in question was not at all insured
with the Appellant/Insurance Company at the time of accident.
Therefore, the question of payment of the compensation by the
Insurance Company does not arise. The cover note produced on record
is of TVS Scooty bearing registration No. RJ-20-SG-2681. Therefore,
he contended that the fake and fabricated documents were placed on
record. The learned tribunal, without considering the same, has
granted the amount. Therefore, he urged for setting aside the said
order. Alternatively, he submitted that the learned Tribunal be directed
to decide the claim Petition expeditiously and till then the amount
deposited by the Insurance Company be kept in the Court till the
conclusion of the claim Petition.
5. In response, the learned Advocate for the Respondent No.
1/claimant conceded to direct the learned Tribunal to expedite and
decide the matter in a time-bound manner and agreed to keep the
amount deposited by the Appellant with the Court till conclusion of
the claim Petition.
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6. Thus, the learned Advocate for both the parties submitted
that this Appeal be disposed of with a direction to the learned Tribunal
to decide the matter as early as possible within a period of six months.
Similarly, they submitted that the amount of Rs. 15,588/- deposited by
the Appellant be transferred to the learned Tribunal along with interest
accrued thereon and the same should be kept with the Tribunal till the
conclusion of the Claim Petition, i.e. till the decision of the
controversy about the policy in question. Accordingly, they urged for
setting aside the impugned order and direct the Tribunal to dispose of
the matter at the earliest.
7. Having considered the above submissions and facts of the
case, and the fact that since 2012 the Claim Petition is pending with
the Tribunal, as such, without going into the merits of the matter, in
the interest of justice, I deem it appropriate to dispose of the Appeal
with the following directions.
8. The Appeal is disposed of with the following directions.
9. The impugned order passed below Exh. 5 in MACP NO.
742/2012 dated 19-01-2015 be kept in abeyance till conclusion of the
Claim Petition.
10. The learned Registrar (J) is directed to transmit the
amount of Rs.15,588/- deposited by the Appellant along with interest
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accrued thereon to the learned Tribunal, Ahmednagar, forthwith.
11. The Tribunal shall keep the amount received with it till
the conclusion of the Claim Petition.
12. The learned Tribunal is directed to expedite the Claim
Petition and decide the same within six months from 07-09-2026 or
the first date of appearance of the parties before the Tribunal,
whichever is later. The Tribunal shall pass the appropriate order in
respect of the amount transferred to it.
13. The parties to appear before the learned Tribunal on 07-
09-2026.
14. R & P be sent back to the concerned Tribunal forthwith
on or before 31-08-2026.
15. In view of the disposal of the Appeal, the pending
Application, if any, stands disposed of.
[ABHAY J. MANTRI, J. ]
VishalK/917fa1408.15.odt
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