Sayyed 18-FA(ST).29262.2019.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL (ST) NO.29262 OF 2019 WITH INTERIM APPLICATION NO.2776 OF 2019 WITH INTERIM APPLICATION NO.2775 OF 2019 The Manager, H.D.F.C. Ergo General Insurance Co. Ltd. ...Appellant/Applicant Versus Ganesh Arjun Ladkat & Anr. ...Respondents _____________________________________________________ Ms. Sweta Shah i/by Mr. Abhijit P. Kulkarni for the Appellant/Applicant. Mr. Anuj Tiwari i/by Mr. Vivek V. Salunke for Respondent No.1. _____________________________________________________ CORAM : JITENDRA JAIN, J. DATE : 17 JUNE 2026 P.C.: INTERIM APPLICATION NO.2775 OF 2019 1. Delay of 25 days in filing the appeal, for the reason stated in the application, is condoned. 2. Interim application is disposed of. INTERIM APPLICATION NO.2776 OF 2019 3. Ms. Shah, learned counsel for the applicant states that the insurance company has deposited the decretal amount with the Tribunal. Accepting the said statement, the operation of the impugned order dated 27 June 2019 is stayed till the disposal of the appeal. 4. Interim application is disposed of. 1 of 3 2026:BHC-AS:24514 Sayyed 18-FA(ST).29262.2019.doc FIRST APPEAL (ST) NO.29262 OF 2019 5. By consent, heard finally at the admission stage. 6. This appeal is filed by the insurance company challenging the order of the Motor Accident Claims Tribunal, Baramati, District Pune (Tribunal) dated 27 June 2019, whereby the Tribunal awarded Rs.5,06,763/- alongwith interest @9% per annum on account of injury sustained by the claimant because of the accident. 7. Ms. Shah, learned counsel for the appellant-insurance company, submits that the driver of the vehicle was not having a valid licence and, therefore, there was breach of terms and conditions of the policy. In my view, this issue is now no more res-integra insofar as, the third party is concerned. If there is any breach of terms and conditions of the policy then the remedy of the insurance company lies against the person who has breached and not the third party. Therefore, this contention cannot be accepted to deny the compensation to the injured person. However, the insurance company will be at liberty to take appropriate action in accordance with law against the person who has breached the terms and conditions of the policy. 8. The second contention raised by the learned counsel is that the interest awarded is on the higher side. The Tribunal has awarded 9% per annum. The original claimant has not led any evidence with respect to the rate of interest. It is also a fact that the rate of interest has moved southwards over a period of time. Therefore, in the interest of justice, the rate of interest awarded by the Tribunal is modified from 9% to 7% per annum. The claimants are entitled to the original awarded amount alongwith interest @7% per annum from the date of filing the petition till realisation. Refund, if any, to be given to the insurance company. 2 of 3 Sayyed 18-FA(ST).29262.2019.doc 9. Statutory deposit of Rs.25,000/- to be transferred to the concerned Tribunal and parties are at liberty to make an application for refund. 10. Appeal is disposed of in above terms. [ JITENDRA JAIN, J. ] 3 of 3 Signed by: Sayyed Saeed Ali Designation: PA To Honourable Judge Date: 18/06/2026 11:59:06