Dismissed

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

Bombay HC22 Sept 2021FA/894/2013

Case brief

AI extract

What is this about?

The Insurance Company appealed against a Tribunal award granting Rs 1,50,000 in compensation under the Motor Vehicles Act. The High Court held that since the vehicle's insurance was admitted, further defences regarding policy conditions were unavailable and the Tribunal's award was justified.

What did the court decide?

The appeal filed by the Insurance Company was dismissed as no case for interference was made out.

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

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FA-894-2013.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. 894 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 by the Insurance Company. While

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FA-894-2013.doc

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travelling in an ofending vehicle bearing registration No.MH35/2759, Claimant claims to have lost her son Ravindra, his wife Mamta and daughter Chhakuli. Respondent-grand mother fled claim petition under Section 163 of the Motor Vehicles Act, seeking compensation from the owner and the insurer of the vehicle.

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2] The Appellant raised a defence of breach of policy condition as the number of passengers in the Taxi Jeep were more than permissible limit.

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3] Tribunal accordingly proceeded to award compensation vide impugned judgment dated 14^th June, 2011 to the extent of Rs 1,50,000/-. As such, this appeal.

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4] Submissions of the Counsel for the Appellant are, award

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of the compensation is without any evidence.

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5] I have appreciated the evidence led by the Appellant while resisting the claim petition, which is produced at

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FA-894-2013.doc

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Exhibit-8. Appellant has denied existence of involvement of the insured vehicle i.e. Taxi Jeep bearing registration No.MH35/2759. However, it is admitted that the vehicle was insured with it. Once it is admitted by the Appellant that the vehicle was insured with it then other defences as are sought to be raised cannot be said to be available. Even otherwise, defences raised were not established by the Appellant by discharging its burden as the claim petition was lodged under Section 163-A of the Motor Vehicles Act.

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6] Crime No.4 of 2008 was registered against the driver of the ofending vehicle. So as to justify the claim following documents viz Form-AA at Exhibit-15, FIR at Exhibit-16, Spot Panchanama at Exhibit-17, Inquest Panchanama at Exhibit18, Insurance Policy at Exhibit-20 and Postmortem Report at Exhibit-19 were relied on by the Claimant. Tribunal considered the notional income of non earning person and rightly proceeded to award the compensation. The view expressed by the Tribunal is quite justifed.

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FA-894-2013.doc

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7] In the aforesaid backdrop, 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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