Dismissed

The Oriental Insurance Co. Ltd., through Its T.P. Hub Incharge, Gondia v. Chhaya D/O Omkar Nagpure, through Natural Guardian Father, Omkar S/O Ratiram Nagpure and 3 Others

Bombay HC22 Sept 2021FA/550/2013

Case brief

AI extract

What is this about?

In a first appeal under Section 173 of the Motor Vehicles Act, the Court dismissed the insurer's challenge. Upholding the Claims Tribunal's award of 100% disability compensation based on medical evidence, the Court held that no case for interference was made out.

What did the court decide?

The appeal was dismissed; the award of compensation made by the Claims Tribunal remains valid.

The Oriental Insurance Co. Ltd., through Its T.P. Hub Incharge… — Insurance | Bombay HC (2021)

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FA-550-2013.doc

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BDP-SPS-TAC

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT NAGPUR FIRST APPEAL NO. 550 OF 2013

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The Oriental Insurance Co. Ltd., Gondia) THROUGH ITS T.P. HUB INCHARGE, ) “Shukla Bhawan” W.H.C. Road, ) Dharampeth, NAGPUR. ) …. Appellant.

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V/s

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1] Chhaya D/o Omkar Nagpure, ) Aged about 17 years, Occ. Not Known ) Through NG Father, Shri Omkar S/o ) Ratiram Nagpure, R/o. Dhakani, Tah ) & Dist. Gondia. ) ) 2] Vijaykumar Duliram Kshirsagar, ) Aged Major, Occ:- Jeep Owner, ) R/o.: C/o. Khemsingh V. Ramsingh ) Bhau, Mundipar, Dist. Gondia. ) ) 3] Pravinkumar S/o. Tukaram Malewar ) Aged Major, Occ: Transport, ) R/o. Mohadi, Post & Tah. Mohadi, ) Dist. Bhandara. ) ) 4] Khemsingh S/o. Vijayramsingh ) Bhati, Aged about 48 Years, ) Occ: Transport, R/o: Mundipar, Post ) Dhakani, Tah. & Dist. Gondia ) ….. Respondents.

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Mr. Lalit Limaye, Advocate for the Appellant. Mr. K.S. Motwani, Advocate for Respondent Nos. 1 and 2.

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CORAM: NITIN W. SAMBRE, J.

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DATE: SEPTEMBER 22, 2021

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FA-550-2013.doc

JUDGMENT:

1] In the present appeal under Section 173 of the Motor Vehicles Act, Judgment delivered under Section 166 of the said Act on 16/11/2011 by the Claims Tribunal is under challenge.

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2] The claim is based on the injuries sufered by the Respondent/Claimant in an accident of the vehicle owned by Respondent No.2 bearing registration No.MH35/2759.

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3] Claimant sustained injury to her right hand arm, eye and also head injury.

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4] A case of 10% permanent disability is pressed, seeking compensation for loss of income.

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5] Claimant was hospitalized from 20/01/2008 to 12/02/2008 and as such she has claimed medical expenses of Rs 48,300/- and miscellaneous expenses.

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FA-550-2013.doc

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6] The claim was resisted on the ground of breach of policy condition and the driver of the ofending vehicle is claimed to have not holding valid driving license. The Appellant, however, has admitted the policy.

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7] Claimant has placed on record evidence of her father at Exhibit-29 in support of proof of accident and in addition to which following documents have been collected and produced viz Form-AA at Exhibit-32, Form-B at Exhibit-33, FIR at Exhibit-34, Spot Panchanama at Exhibit-35, Insurance Policy at Exhibit-36, Policy placed on record by Insurance Company at Exhibit-36-A and registration certifcate of vehicle at Exhibit-37.

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8] Appellant has examined Ganesh at Exhibit-40 so as to establish breach of policy viz absence of valid driving license and carrying passengers over and above the capacity. From the available investigation papers referred to above and the fact of registration of Crime No.4 of 2008, it was proved that the Claimant sustained injuries in the accident.

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FA-550-2013.doc

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9] Medical Ofcer of the Government Medical Hospital, Nagpur has issued disability certifcate at Exhibit-33 showing 100% disability. As such, disability sufered by the Claimant was also proved. In view of above, compensation ordered to be awarded by the Insurance Company in favour of the Claimant appears to be quite justifed. That being so, no case for interference is made out. Appeal fails and same stands dismissed.

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( NITIN W. SAMBRE, J. )

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The Oriental Insurance Co. Ltd., through Its T.P. Hub Incharge, Gondia v. Chhaya D/O Omkar Nagpure, through Natural Guardian Father, Omkar S/O Ratiram Nagpure and 3 Others

Case brief

What is this about?

What did the court decide?

The Oriental Insurance Co. Ltd., through Its T.P. Hub Incharge, Gondia v. Chhaya D/O Omkar Nagpure, through Natural Guardian Father, Omkar S/O Ratiram Nagpure and 3 Others

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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