Partly allowed

New India Assurance Co. Ltd. v. Prakash Uttamrao Nalge and Ors.

Bombay HC13 Jul 2009FA/330/2009

Case brief

AI extract

What is this about?

The High Court at Aurangabad allowed a First Appeal by an insurance company aggrieved by a MACP award of disability. Despite the insurer's counsel's negligence in failing to appear at trial, the Court allowed the appeal to participate in a reference-marked evidence hearing upon payment of costs to the claimant.

What did the court decide?

Allowed the First Appeal; Appellant allowed to lead evidence in a reference proceeding; Ordered payment of Rs. 5,000/- costs to the claimant within four weeks.

New India Assurance Co. Ltd. Vs Prakash Uttamrao Nalge… — Motor Accident Claims | Bombay HC (2009)

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FARAD CONTINUATION SHEET NO.

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 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE, BENCH AT AURANGABAD

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17. FA/330/2009

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WITH CA/3472/2008 In FA/330/2009 With CA/3576/2009 In FA/330/2009 With CA/3577/2009 In FA/330/2009

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--------------------------------------------------
Office notes, office Memoranda of Court’s or
Coram,appearances, Court’s orders Judge’s
or directions and Registrar’s orders Orders
Mr. Dhananjay Deshpande, Adv.,
for the appellants.
Mr. R.B.Bhosale, Adv., for
respondent nos. 1 to 3.
...
 CORAM : K.U. CHANDIWAL, J.
 DATED : 13th July, 2009
...

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P.C.:-

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1.Heard Counsel extensively (First
Appeal No.330/2009). The matter is decided at
admission stage finally.

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2.On 12.5.2005, in an accident, the
claimant sustained injuries, proved before the
learned Member to be 10 per cent permanent
disablement. The claim petition was not

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attended by the Counsel engaged by the
appellant Insurance Company, hence it was
without there being any defense. The
Insurance Company feels aggrieved by the
award. According to the Counsel, the absence
on its part to prosecute the matter, though is
obvious, it is not deliberate. The liability
fixed against it, is in breach of terms of the
policy.

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3.It is a matter of record, the learned
Judge was not equipped with the policy to
comprehend as to what could be the nature of
indemnity. During the course of submissions, it
is informed by Mr.Bhosale, Counsel, that his
clients have received 50 per cent of the amount
deposited by the appellant Insurance Company.

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4.The negligence on the part of the Counsel,
should basically not foreclose rights of the
appellant and, at the same time, should not
destroy, the contentions agitated by the original
petitioner,includingsufferingsheis
contemplating. The matter can be balanced by
allowing the appellant to lead evidence and pay
costs, as under:

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5.The appeal (No.330/2009) is partly

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allowed. The appellant Insurance Company is
allowed to participate in the proceedings of MACP

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No.278/2006, upon payment of costs of Rs.5,000/-
within four weeks, directly to the original
claimant. Civil Applications disposed of.

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(K.U.CHANDIWAL)

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agp/fa330-09

New India Assurance Co. Ltd. v. Prakash Uttamrao Nalge and Ors.

Case brief

What is this about?

What did the court decide?

New India Assurance Co. Ltd. v. Prakash Uttamrao Nalge and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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