This judgment is a brief order in an appeal against an award of Rs.50,000 under Section 140 of the Motor Vehicles Act. The court stayed interference with the award until trial procedures under Section 166 were concluded regarding liability for unauthorized passengers.
Appeal and Civil Application dismissed. No costs.
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.
1
FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE, BENCH AT AURANGABAD
16. FA/822/2009
With
CA/4031/2009
In
FA/822/2009
(United India Assurance Co.Ltd
vs.
Hari Kalu Bhoj and others)
Office notes, office Memoranda of Court’s or
Coram,appearances, Court’s orders Judge’s
or directions and Registrar’s orders Orders
Mr. S.G.Chapalgaonkar, Adv.,for
the appellant.
Mr. A.P.Bhandari, Adv., for
respondent no.3.
...
CORAM: K.U.CHANDIWAL, J. DATE: 13/7/2009
P.C.:-
1.The award under Section 140 of Motor
Vehicles Act of Rs.50,000/- is the subject of
challenge by the appellant Insurance Company. By
consent, the matter is finally heard at admission
stage.
2.The only point that has been urged is the
responsibility of the appellant Insurance Company
ceases to operate owing to breach of terms of
insurance policy as there was a travel by four
unauthorized gratuitous passengers.
3.The petition under Section 166 of Motor
2
Vehicles Act is at the stage of trial and hearing.
The respective parties are at liberty to adduce the
evidence, about the liability or no liability of
the Insurance Company, including the entitlement
for the claim under Section 166 of Motor Vehicles
Act.
4.At this stage of the matter, before the
learned Judge, the award under challenge does not
require any interference. The learned Judge shall
consider the legal aspects raised by the appellant
Insurance Company. Appeal dismissed. No costs.
Civil Application dismissed.
(K.U.CHANDIWAL)
JUDGE
agp/fa822-09
2 issues framed by the court
Whether the responsibility of the Insurance Company ceases due to breach of terms by unauthorized gratuitous passengers.
Whether the award under Section 140 requires interference before the trial concludes.
2 provisions across 1 enactments
United India Assurance Co. Ltd
Hari Kalu Bhoj and others
K.U. Chandiwajl
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court