Remanded

The Oriental Insurance Co. Ltd. v. Gangabai Maroti Chabhare and Ors.

Bombay HC27 Jan 2014FA/846/2013

Case brief

AI extract

What is this about?

The High Court set aside an award of the Motor Accident Claims Tribunal. The court re-cast issues regarding the employment status of the deceased driver and insurance coverage. The matter was remitted to the Tribunal for fresh adjudication within three months.

What did the court decide?

The impugned award is set aside; issues are re-cast to determine employment status and insurance coverage; matter remitted to the Tribunal.

The Oriental Insurance Co. Ltd. Vs Gangabai Maroti Chabhare and Ors. — Insurance | Bombay HC (2014)

¶1

¶2

IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

¶3

FIRST APPEAL NO.846/2013
with CA NO.11368/2012

¶4

The Oriental Insurance Company Ltd. - Appellant
 VERSUS
Gangabai Maroti Chabhare & Ors. - RESPONDENTS
*****

¶5

Mr.Uday S. Malte, Advocate for Appellant/s;
Mr.AM Gaikwad,Advocate for Respondent Nos. 1 to 3;
Mr.Sanjay Kolhare, Adv. for Resp.No.5 .

¶6

CORAM : K.U.CHANDIWAL, J.
DATE : 27th January, 2014.

¶7

PER COURT:

¶8

1)Heard finally. The appellant/insurance
company questions legality of the Award recorded by
the learned Ad hoc District Judge-1 and Ex-Officio
Member, Motor Accident Claims Tribunal, Kandhar,
dated 15.09.2011 in MACP No.5/2008.

¶9

2)Deceased - Suresh was a driver by
profession. But, issue whether he was a driver with
the owner - Digambar for the purposes of driving the
offending vehicle No.MH-26-H-1921, was lacking as
Digambar did not step in witness box.

¶10

3)Mr.Malte, learned Counsel for the appellant,
says, the formulation of issues, particularly Issue
Nos.3, 4 and 5, call re-cast, as the pleadings of
appellant/insurance company is quite eloquent,
denying the status of deceased - Suresh, to be
employed as driver on the said vehicle.

¶11

4) In fact, at the time of said Award, there was no judgment in the matter of of Manager, National

¶12

¶13

Insurance Co.Ltd. Vs. Saju P.Paul and Anr. - (2013) 2 SCC 41 , in operation. Consequently, the learned Member of the Tribunal could not give effect to it or browse the same. Reliance placed by the learned Member to the judgment of this Court in the matter of Shekhar Sadanand Ghortane Vs. Smt. Savita Mahadeo Gaikwad - 2010 (2) TAC 11 Bombay , also calls for re- consideration.

¶14

5)Since both the learned Counsel did not touch
to other aspect of entitlement, inadequacy,
multiplier; consortium, those aspects are kept
untouched. The impugned award is set aside, keeping
the points open. The matter is remitted back to the
learned Member of the Tribunal for deciding the same
in view of re-cast issues, which would be, -

¶15

(i)Whether the claimants prove that deceased Suresh,
though was driver in tempo in question, was in
employment with Digambar, owner of the vehicle ?

¶16

(ii) Whether the employee/deceased - Suresh was
covered under the insurance policy, tendered by
the claimants ?

¶17

6)Parties are at liberty to adduce evidence of
Digambar or any other witness to deal with re-cast
issues. The exercise will be carried within three
months after receiving the papers. The parties to
appear before the learned Member of the Tribunal on
20th February, 2014. R and P be immediately
remitted. The learned Member would be at liberty to
re-assess the evidence in respect of computation of
income and Award.

¶18

7)Theamountdepositedbythe
appellant/insurance company shall be invested in

¶19

¶20

Nationalized Bank till disposal of the MACP No.
5/2008. CA for stay is disposed of.

¶21

(K.U.CHANDIWAL)
 JUDGE

¶22

bdv/

The Oriental Insurance Co. Ltd. v. Gangabai Maroti Chabhare and Ors.

Case brief

What is this about?

What did the court decide?

The Oriental Insurance Co. Ltd. v. Gangabai Maroti Chabhare 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

Similar cases

Superintending Engineer, Mseb, O and M Circle, Osmanabad Vs M/S S.K. Re Rolling Mills, Osmanabad

Usha Daulat Nathani and Another Vs Dalbirsing and Others

The State of Mah Thr. Collector,Jalgaon and Ors. Vs Ramesh Namdev Patil

Mohd. Imamul Haque Mazul Haque and Ors. Vs M/S Shiva Enterprises

Sadashiv Sakharam Kadam Vs Rambhau Gyanuji Chavanand and Anr.

Sadashiv Sakharam Kadam Vs Rambhau Gyanuji Chavan and Ors.