Dismissed

The Oriental Insurance Co. Ltd., through Its T.P. Hub Incharge v. Rambatibai Wd/O Brijlal Hatewar and Another

Bombay HC22 Sept 2021FA/882/2013

Case brief

AI extract

What is this about?

This appeal challenged the Compensation Tribunal's award under Section 163-A of the Motor Vehicles Act for Rs 3,30,900/- awarded for a death in a motor accident. The High Court held that since the insurance policy was admitted and investigation documents established the accident, the award was justified and no interference was warranted.

What did the court decide?

The appeal was dismissed and the Compensation Tribunal's award upholding the compensation of Rs 3,30,900/- was upheld.

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

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FA-882-2013.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. 882 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] Rambatibai wd/o Brijlal Hatewar, ) Aged about 53 years, Occ: Nil, ) R/o : Churdi, Post & Tah : Tirora, ) Distt : Gondia. ) ) 2] Vijaykumar Dulichand Kshirsagar, ) Aged Major, Occ: Jeep Owner, ) R/o : C/o Khemsingh V. Ramsingh ) Bhau, Mundipar, 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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JUDGMENT:

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1] This is an appeal under Section 173 of the Motor

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Vehicles Act. The Judgment delivered under Section 163-A of

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FA-882-2013.doc

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the Motor Vehicles Act on 14/6/2011 by the Claims Tribunal at Gondia is questioned in the present appeal. The Tribunal has awarded compensation of Rs 3,30,900/-.

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2] In the accident in question Respondent-claimant’s son Ravindra died on 19/1/2008 while travelling in a Taxi Jeep bearing registration No. MH35/2759.

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3] Submissions of the learned Counsel for the Insurance Company are, award of compensation is without any evidence or supporting documents.

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4] If we appreciate the aforesaid submissions in the light of the fndings recorded by the Tribunal, it has to be noticed that against the driver of the ofending vehicle, ofene punishable under Sections 279, 337, 338 and 304-A of the IPC was registered and copies of documents viz FIR (Exh.19), Spot Panchanama (Exh.20), Inquest Panchanama (Exh.21) and Postmortem Report (Exh.23) were duly produced. Exhibit-22 is an Insurance Policy which is not

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FA-882-2013.doc

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disputed by the Appellant. The only defence raised by the Appellant was about denial of the accident. From the record referred to above i.e. investigation papers, it was duly established that deceased died in vehicular accident. Once the Appellant has admitted about policy issued in favour of insured vehicle, the award of compensation, in my opinion, is quite justifed. Tribunal has considered age of the deceased as 32 years and considering his monthly income proceeded to award compensation.

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5] In my opinion, no case for interference is made out. Appeal as such 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 v. Rambatibai Wd/O Brijlal Hatewar and Another

Case brief

What is this about?

What did the court decide?

The Oriental Insurance Co. Ltd., through Its T.P. Hub Incharge v. Rambatibai Wd/O Brijlal Hatewar and Another

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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