This is an oral order dismissing the insurance company's appeal against the allowance of a 50% claim in a motor accident case. The court held that the appellants failed to adduce evidence to rebut the claimant's testimony regarding passengers and baggage.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION.
FIRST APPEAL NO.285 OF 2000.
The New India Assurance Co.Ltd. : Appellants.
versus
Shri Baburao Laxman Palkar &
ors. : Respondents.
Mr.D.R.Mahadik i/by S.R.Singh for the appellants.
None for the respondents.
CORAM : D.G.DESHPANDE,J.
DATED : 13th APRIL 2005.
ORAL ORDER
1. Heard advocate for the
appellant/Insurance Company. Son of the
respondent/claimant died in the accident. He
filed claim petition. It was allowed to the
extent of 50% including no fault liability. The
Insurance Company/appellant did not adduce any
evidence in support of their case. The entire
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case is based on one so called admission given by
the father/respondent in his cross examination.
The admission is to the effect that the truck had
soap loaded in various boxed. From this, the
Insurance Company/appellant wants to contend that
if there were other boxes, then the driver of the
truck could not have taken other goods for
carriage. He also contended that deceased Anand
and his father were the passengers and were not
accompanying the baggage. All these submissions
are without any evidence from the side of the
Insurance Company/Appellant. The father has
specifically, on oath, stated that he had two
baggage i.e. two bundles - head loads of cashew
25 kg. of each i.e. one for himself and one for
his son who was 10 years of old at that time.
From the evidence is clear that the
respodent/claimant and his son were travelling in
the truck as the person accompanying baggage. No
other evidence was adduced to rebut or dispute
the contentions of the claimants. Therefore,
there is no substance in this appeal. It is
dismissed. No order as to costs.
[D.G.DESHPANDE]
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13/04/2005 JUDGE.
1 issue framed by the court
Whether the insurance company's appeal against a claim allowance of 50% based on the claimant's oral admission succeeds in the absence of evidence from the appellants.
The New India Assurance Co. Ltd.
Shri Baburao Laxman Palkar
D.G.Deshpande
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court