Dismissed

Bajaj Allianz General Insurance Co. Ltd. and Anr. v. Prakash Sambha Gedam and Anr.

Bombay HC17 Dec 2012FA/1012/2012

Case brief

AI extract

What is this about?

The High Court held that under Section 140 of the Motor Vehicles Act, a detailed inquiry into claim falsity or driving license validity is not contemplated. The provision is a succour for the claimant, and the appeal was dismissed.

What did the court decide?

First Appeal dismissed; amount deposited transmitted to Tribunal; no order as to costs.

Bajaj Allianz General Insurance Co. Ltd. and Anr. Vs… — Motor Accident Claims | Bombay HC (2012)

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 FARAD CONTINUATION SHEET NO.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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 APPELLATE SIDE, BENCH AT AURANGABAD

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FIRST APPEAL NO.1012 OF 2012 WITH

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C.A.NO.7586 OF 2012.

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Office Notes, Office
Memoranda of Coram,
appearances, Court's
orders or directions
andRegistrar's
orders.

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Court's or Judge's orders

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Mr.S.G.Chapalgaonkar, advocate for the appellants.

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 CORAM : S.V.GANGAPURWALA,J.
 Date : 17.12.2012.
PER COURT :

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Heard.

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The Tribunal has passed award U/s 140 of the Motor Vehicles Act, awarding Rs.25,000/- (Rupees twenty five thousand) to the claimant. Aggrieved thereby, the Insurance Company has filed the present appeal.

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Mr. Chapalgaonkar, learned counsel submits that the involvement of the vehicle is seriously disputed. In the earlier statements and panchanama a different vehicle number is mentioned and for the first time in the charge-sheet and in the claim petition the present vehicle number is stated which shows the falsity of the claim. Even the driver does not possess the driving license. In view of that the Tribunal ought not to have awarded the

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amount.

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With the assistance of the learned counsel, I have gone through the order and the award. In the charge-sheet and in the claim petition the number of the present vehicle stated in the petition is mentioned. At the stage of passing order U/s 140 of the M.V. Act, a detail inquiry is not contemplated. The said provision is meant as a succour for the claimant.

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While passing the award U/s 166 of the M.V.Act, the Tribunal can direct adjustment of the amount in respect of the award passed U/s 140 of the M.V. Act in a manner as it deems fit.

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In light of the above, the First Appeal is dismissed. However, there shall be no order as to costs.

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The amount deposited in this Court be transmitted to the Tribunal.

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The Civil Application also is disposed of.

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(S.V.GANGAPURWALA,J.)

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Dt.17.12.2012. asp/office/Fa1012.12

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Bajaj Allianz General Insurance Co. Ltd. and Anr. v. Prakash Sambha Gedam and Anr.

Case brief

What is this about?

What did the court decide?

Bajaj Allianz General Insurance Co. Ltd. and Anr. v. Prakash Sambha Gedam and Anr.

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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