Insurance company appeal challenging a motor accident compensation award on the ground that the driver lacked a valid licence. The court held the insurer produced no evidence, failing to discharge its burden of proof, and dismissed the appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
7-FA-1185-2019.doc
S.S.Kilaje
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO. 1185 OF 2019
The New India Assurance Co. Ltd.
Having its Mumbai Regional Office-1,
At New India Bhavan, 34-38, Bank Street, Fort,
Mumbai-400 023
Versus
.. Appellant
1. Laxmi Vaijanath Bhandari
Age : 28 yrs, Occupation-Household
2. Pushpa Vaijanath Bhandari
Age : 13 yrs, Occupation-Education
3. Aarti Vaijanath Bhandari
Age : 11 years, Occupation – Education
4. Tushar Vaijanath Bhandari
Age : 6 years, Occupation – Education
5. Tanuja Vaijanath Bhandari
Age : 2 years
[All residing at Post Rase (Chakan) Taluka-Khed,
Rajgurunagar, District – Pune.
6. Kallayya Lachmayya Bhandari
Age : 60 years, Occupation – Labour,
Residing at Post – Rumungud, Taluka – Chincholi,
(Orig.Claimants)
District-Gulbarga, Karnataka
.. Respondents
7. Harishchandra Jeevanlal Chaudhari
Age : 29 years, Occupation-Driver,
Residing at Nasaribade, Tal-Nandga,
District – Ajmer, Rajasthan
(Abated vide Reg.(J-II) Court’s Order dated .. (Orig.Opp.No.1)
15.11.2017.
8. Basantkumar Bhomsingh Choudhary
Age : Adult, Occupation – Transport,
Residing at Jat Bairod, Tal – Manesar,
District – Alwar, Rajasthan
(Dismissed vide Reg. (Jud-II) Order Dt.
.. (Orig.Opp.No.1)
15.11.2017
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7-FA-1185-2019.doc
S.S.Kilaje
Ms. Urmila K. Sanil, Advocate for the Appellant.
Ms. Tejas J. Kapre i/b. J.S.Kapre, Advocate for Respondent Nos. 1 to 5.
CORAM : SHIVKUMAR DIGE, J. DATE : 10th JANUARY, 2024.
JUDGMENT :
1.The issue involved in this appeal is at the time of accident
driver of offending vehicle was not holding effective and valid driving
licence.
2.It is the contention of learned counsel for the
appellant/Insurance Company that at the time of accident driver of
offending vehicle was not holding driving licence. The offence was
registered against the driver for not holding valid driving licence but this
fact is not considered by the Tribunal. Hence, requested to allow the
appeal.
3.It is the contention of learned counsel for the
respondents/claimants that to prove the fact that the driver of offending
vehicle was not holding effective and valid driving licence at the time of
accident, no evidence was produced on record. The order passed by the
Tribunal is legal and valid and no interference is required in it.
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S.S.Kilaje
4.I have heard both the learned counsel. Perused the Judgment
and Order passed by the Motor Accident Claims Tribunal, Pune (for short
“the Tribunal”). In respect of the issue of driving licence of the driver of
offending vehicle, while dealing with this issue the Tribunal has observed
that no evidence was produced on record to prove the said fact. The
appellant/Insurance Company harping on the point that the offence under
Section 3 and 181 of Motor Vehicle Act was registered against the driver of
offending vehicle for not holding driving licence, but the Investigating
Officer of said crime was not examined to prove the said fact. It was onus
on the Insurance Company to prove the defence taken by them. Hence, I
do not see merit in the contention of the learned counsel for the appellant
that driver was not holding valid licence.
5. In view of the above, I pass following order:
ORDER
(i) The appeal is dismissed. No order as to cost.
(ii) The claimants are permitted to withdraw the
compensation amount along with accrued interest
thereon deposited by the appellant.
(iii) The statutory amount be transferred to the Tribunal.
The parties are at liberty to withdraw it as per the
Rules.
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S.S.Kilaje
(iv) Pending civil/interim applications, if any, stand disposed
of.
6. The appeal is disposed of.
SONALI Digitally signedby SONALI SATISH SATISH KILAJEDate: 2024.01.20 KILAJE 10:35:09 +0530
(SHIVKUMAR DIGE, J.)
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1 issue framed by the court
Whether the Insurance Company proved that the driver of the offending vehicle did not hold a valid and effective driving licence at the time of the accident.
2 provisions across 1 enactments
The New India Assurance Co. Ltd.
Laxmi Vaijanath Bhandari
Pushpa Vaijanath Bhandari
Aarti Vaijanath Bhandari
Tushar Vaijanath Bhandari
Tanuja Vaijanath Bhandari
Shivkumar Dige
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court