Insurance company appealed a motor accident compensation award, arguing its policy liability was capped at Rs.1,50,000. The court upheld the Tribunal's pay-and-recover order for the excess, relying on Oriental Insurance Co. v. Cheruvakkara Nafeesa (2001 ACJ 1), 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.
212-fa-751-2004.doc
Shubhada S Kadam
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO.751 OF 2004
| National Insurance Company Ltd., Pimperi through their Mumbai Regional Office having their office at 12, J. Tata Road, Mumbai 400 020. |
...Petitioners/ Appellant |
|
|---|---|---|
| Versus | ||
| 1 | Homai Rusi Cooper of Bombay Parsi Indian Inhabitant, Aged 42years. |
|
| 2 | Tehmina Dhunjishaw Cooper, of Bombay Parsi Indian Inhabitant, Aged 62years |
|
| 3 | Khushroo Rusi Cooper, of Bombay Parsi Indian Inhabitant, Aged 18years |
|
| 4 | Monaz Rusi Cooper, of Bombay, Parsi Indian Inhabitant, Aged 12years. |
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| 5 | Dilshad Rusi Cooper, of Bombay Parsi Indian Inhabitant, Aged 9 years, Residing at Mirza Bldg, N. Petit Street, Grant Road, Bombay400 007. |
...Respondents (Orig. Applicants) |
| 6 | Suresh Pandurang Gaikwad, of Lonavala Hindu Indian Inhabitant, Aged 28 years, Residing at Lonavala and employed by M/s. Bharat Saw Mills, Lonavala, |
|
| 7 | Kantitlal Meghraj Chauhan – Deleted | |
| 8 | M/s. Bharat Saw Mills, Lonavala, Tal. Maval, Dist. Pune. Notice on – Kantilal Megraj Chauhan, Owner of M/s Bharat Saw Mills, At Post Lonavala, Tal. Vadgaon Maval, District. Pune |
...Respondents (Orig. Opp. Party) |
Ms. Shalini Shankar, Advocate for the Appellant.
Mr. Avinash Joshi i/b. Mulla and Mulla and C.B. and C, Advocate for Digitally signed by Respondent Nos.1 to 6. SHUBHADA SHUBHADA SHANKAR SHANKAR KADAM KADAM Date: 2024.02.05 1/3 10:30:58 +0530
212-fa-751-2004.doc
Shubhada S Kadam
CORAM : SHIVKUMAR DIGE, J.
DATE : 22nd JANUARY, 2024.
Oral Judgment :
2/3
212-fa-751-2004.doc
Shubhada S Kadam
Company Ltd. versus Cheruvakkara Nafeesa and ors. reported in
2001 ACJ 1 , the Tribunal has observed that the Insurance Company is liable to pay the claimant entire amount with a right to recover from the insured i.e. owner of the vehicle. I do not find infirmity in it as the Tribunal has passed order of pay and recover, of the amoun in excess of
Rs.1,50,000/-. The ratio laid down in case of Oriental Insurance Company Ltd.(supra) is squarely applicable to the present case.
O R D E R
(SHIVKUMAR DIGE, J.)
3/3
1 issue framed by the court
Whether the insurer's liability is capped at Rs.1,50,000 per the policy or extends to the full award on a pay-and-recover basis.
Colour shows how this judgement treated each authority
Oriental Insurance Company Ltd. versus Cheruvakkara Nafeesa and ors.Relied on¶5
2001 ACJ 1
National Insurance Company Ltd.
Homai Rusi Cooper
Tehmina Dhunjishaw Cooper
Khushroo Rusi Cooper
Monaz Rusi Cooper
Dilshad Rusi Cooper
Shivkumar Dige
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
