Partly allowed

Fazal Khaza Shaikh v. Anjali Tanaji Bhosale and Ors.

Bombay HC13 Dec 2012FA/1229/2012

Case brief

AI extract

What is this about?

The High Court set aside the Tribunal's award in a compensation claim arising from a fatal motor accident. Due to the appellant's failure to appear and lack of knowledge regarding proceedings, the court granted him an opportunity to file a written statement. The appeal was partly allowed with the case remanded to the Tribunal for fresh adjudication, while the deposited amount was withdrawn. Subjec

What did the court decide?

Impugned award quashed; case remanded to Tribunal with directions to hear the appellant; Rs. 25,000 deposited by appellant withdrawn; Tribunal to decide claim within six months.

Fazal Khaza Shaikh Vs Anjali Tanaji Bhosale and Ors. — Motor Accident Claims | Bombay HC (2012)

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1 fa 1229.12

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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FIRST APPEAL NO. 1229 OF 2012

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Fazal S/o Khaza Shaikh, Age : 48 Years, Occu. : Driver, R/o Bembli, Tq. & Dist. Osmanabad. .. Appellant

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Versus

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Smt. Anjali W/o Tanaji Bhosale, Age : 29 Years, Occu. : Household, R/o Gaudgaon, Tq. & Dist. Osmanabad.

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Tushar S/o Tanaji Bhosale, Age : 11 Years, Occu. : Education, R/o As above.

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Tanjuaj D/o Tanaji Bhosale, Age : 7 Years, Occu. : Education, R/o as above (Respondent Nos. 2 & 3 U/g of real mother namely respondent No. 1 Smt. Anjali W/o Tanaji Bhosale, Age : 29 Years, Occu. : Household, R/o Gaudgaon, Tq. & Dist. Osmanabad.

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Maruti S/o Tukaram Bhosale, Age : 74 years, Occu. : Agril. & Business, R/o As above.

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Indubai W/o Maruti Bhosale, Age : 66 Years, Occu. : Household,

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2 fa 1229.12

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R/o As above.

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The Manager, Oriental Insurance Co. Ltd., Near State Bank of India, Osmanabad, Tq. & Dist. Osmanabad. .. Respondents

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Shri P. S. Chavan, Advocate for the Appellant. Shri N. B. Jadhav, Advocate for Respondent Nos. 1 to 5. Shri S. M. Godsay, Advocate for the Respondent No. 6.

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CORAM : S. V. GANGAPURWALA, J. DATE : 13TH DECEMBER, 2012.

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ORAL JUDGMENT :

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. Heard. With the consent of parties taken up for final hearing.

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The respondents/claimants had filed petition U/Sec. 166 of the Motor Vehicles Act for compensation on account of death of deceased Tanaji in an accident. The Insurance company has been exonerated. Aggrieved thereby the owner of the tractor on whom the liability is saddled has filed the present appeal.

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Shri Chavan, the learned counsel submits that the oral evidence has not been considered by the Tribunal and relying on

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3 fa 1229.12

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the FIR has exonerated the Insurance Company. The deceased was pedestrian and was not travelling on the tractor. The learned counsel submits that proper summons was not served on the appellant, as such, he could not appear and file his written statement. The appellant was not aware about the proceedings.

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Shri Godsay, the learned counsel for the Insurance Company supports the judgment and submits that the FIR has to be considered in its totality. Even the informant who claims to be eye witness has admitted in the cross examination that he has filed the FIR according to the events which had taken place. The learned counsel further submits that the Tribunal has rightly considered all the aspects of the matter.

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Shri Jadhav, the learned counsel for claimants has also canvased his submissions.

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With the assistance of learned counsel I have gone through the judgment and the record and proceedings. It appears that, present appellant has not appeared in the proceedings. I would not go in to the intrinsic question about whether the summons was served on the appellant or not. For the reasons given by the

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4 fa 1229.12

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appellant, I am inclined to grant one opportunity to the appellant to put forth his case, as the question involved is about the payment of compensation amount.

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In the light of the above, the impugned judgment and award is quashed and set aside and the parties are relegated to the Tribunal. The parties shall appear before the Tribunal on 07th January, 2013. The appellant shall file his written statement on 07th January, 2013. The parties may adduce evidence. The Tribunal shall thereafter decide the claim petition expeditiously, preferably within six (6) months from the date of appearance. First appeal is accordingly partly allowed with aforesaid observations and directions. The record and proceedings be sent back to the Tribunal immediately.

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The appellant has deposited the statutory amount of Rs. 25,000/-. The respondents/claimants are allowed to withdraw the same. The said amount can be adjusted pursuant to the decision given by the Tribunal.

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Sd/[ S. V. GANGAPURWALA, J. ]

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bsb/Dec. 12

Fazal Khaza Shaikh v. Anjali Tanaji Bhosale and Ors.

Case brief

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What did the court decide?

Fazal Khaza Shaikh v. Anjali Tanaji Bhosale and Ors.

Case brief

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What the court decided

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