Dismissed

United India Insurance Company Limited, Pune v. Smt. Basavva Khajappa Naykode and Ors.

Bombay HC26 Feb 2024FA/131/2024

Case brief

AI extract

What is this about?

The Appellant Insurance Company challenged a pay and recover order passed by the Motor Accident Claims Tribunal. The Court held that the Tribunal correctly relied on Apex Court judgments and observed that the Company must pay compensation before recovering it from the vehicle owner.

What did the court decide?

The Appeal was dismissed. Claimants permitted to withdraw deposited amount with interest.

United India Insurance Company Limited, Pune Vs Smt. Basavva… — Insurance | Bombay HC (2024)

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307-FA-131-2024-JUDGMENT.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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FIRST APPEAL NO. 131 OF 2024

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	United India Insurance Company Limited 5^thFloor, Bharati Vidyapeeth Bhavan, Lal Bahadur, Shastri Road, Pune-411 030.	} } }	(Org. Opponent No.3) ….Appellant
	Versus
	1. Smt.Basavva Khajappa Naykode Age-35 years, Occ : Household	} } }	(Org. Applicant No.1)
NILAM SANTOSH KAMBLE Digitally signed by NILAM SANTOSH KAMBLE Date: 2024.03.14 18:42:08 +0530	2. Shri.Rajshekhar Khajappa Naykode Age-25 years, Occ : Household	} } }	(Org. Applicant No.2)
	3. Shri.Chandrashekar Khajappa Naykode	}	(Org. Applicant
	Age-23 years, Occ : Education Resident of Applicant No.1 to 3 : Pathare Vasti Loni Kalbhor Police Station, Taluka-Haveli	} } } }	No.3)
	4. Shri.Suresh Dinkar Banagar	}	(Org. Opponent
	Age-25, Occ : Driver R/at Bhayala, Taluka-Patoda, District-Beed.	} } }	No.1)
	5. Shri.Yogesh Rajaram Kalbhor	}
	Age-40, Occ : Transport	}	(Org. Opponent
	R/at Loni Kalbhor, Taluka-Haveli, District- Pune.	} } }	No.2)
	6. Isarabai Dhondappa Naykode (Abated) Age-70, Occ : Household	} }	(Org. Opponent
	R/at Gnagadhar Kalmus, Taluka-Akkalkot,	}	No.2)
	District-Solapur.	}	….Respondents

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N.S. Kamble page 1 of 4

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307-FA-131-2024-JUDGMENT.doc

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Mr.Rahul Mehta i/b KMC Legal Venture, for the Appellant. Mr.Ravindra S. Pachundkar Patil, for Respondent Nos.1 to 3.

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CORAM : SHIVKUMAR DIGE, J.

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DATE : 26^th FEBRUARY 2024.

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ORAL JUDGMENT :

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. The issue involved in this Appeal is pay and recover order passed by the Tribunal.

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It is contention of the learned counsel for the AppellantInsurance Company that the cheque which was issued as a premium of Insurance Policy by the owner of offending vehicle was dishonored. The notice was given to the owner of the vehicle about cancellation of the policy, but this fact is not considered by the Tribunal and has passed pay and recover order. The Tribunal ought to have exonerated Insurance Company from paying compensation. Hence, requested to allow the Appeal.

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It is contention of the learned counsel for the RespondentClaimants that while passing pay and recover order the Tribunal has relied on judgment of Hon’ble Apex Court and on that basis impugned order is passed. No interference is required in it.

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N.S. Kamble page 2 of 4

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307-FA-131-2024-JUDGMENT.doc

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I have heard both learned counsel. Perused judgment and

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order passed by the Motor Accident Claims Tribunal (‘The Tribunal’ for short), Pune.

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While passing the order of pay and recover the Tribunal has relied on the judgment of Hon’ble Apex Court (i) Pappu & Ors V/s. Vinod Kumar Lamba¹ (ii) Amrit Paul Singh V/s. Tata AIG General Insurance Company Limited² (iii) National Insurance Co. Ltd. V/s. Swaransingh & Ors³ (iv) Daddappa & Ors v/s. Branch Manager, National Insurance Co. Ltd.⁴ , and has observed that, if there is breach of Terms and Conditions of Insurance Company has to pay compensation to the Claimants and then recover it from vehicle owner. I do not find infirmity in it.

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