Disposed

United India Insurance Co. Ltd. Thr. Regional Manager v. Mr. Dadabhau Namdeo Dafal and Ors.

Bombay HC27 Mar 2024IA/873/2024

Case brief

AI extract

What is this about?

Insurer appealed a motor accident compensation award on grounds of contributory negligence, breach of insurance policy and quantum. Court allowed the injured teacher to withdraw 75% of the amount deposited with interest, condoned 83 days' delay, confirmed stay of the impugned order, and admitted the appeal.

What did the court decide?

Claimant permitted to withdraw 75% of deposited amount with interest; delay of 83 days condoned; stay of impugned order confirmed; appeal admitted.

United India Insurance Co. Ltd. Thr. Regional Manager… — Motor Accident Claims | Bombay HC (2024)

¶1

31-FAst-2367-24.doc

¶2

S.S.Kilaje

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

¶4

FIRST APPEAL STAMP NO. 2367 OF 2024

¶5

WITH

¶6

INTERIM APPLICATION NO. 10851 OF 2024 (withdrawal)

¶7

Dadabhau Namdeo Dafal … Applicant IN THE MATTER BETWEEN United India Assurance Co. Ltd. … Appellant

¶8

Versus

¶9

Dadabhau Namdeo Dafal and Ors. ... Respondents

¶10

WITH INTERIM APPLICATION NO. 872 OF 2024 (delay) IN

¶11

FIRST APPEAL STAMP NO. 2367 OF 2024 WITH

¶12

INTERIM APPLICATION NO. 873 OF 2024 (stay) IN

¶13

FIRST APPEAL STAMP NO. 2367 OF 2024

¶14

United India Assurance Co. Ltd. … Applicant/ Appellant

¶15

Versus

¶16

Dadabhau Namdeo Dafal and Ors. ... Respondents

¶17

Mr. Amol Gatne, Advocate for the Appellant.

¶18

Mr. D. D. Shinde, Advocate for Respondent No.1 in FA(St) 2367/2024 and for Applicant in IA/10851/2024.

¶19

CORAM : ARUN R. PEDNEKER, J. DATED : 29^th JULY, 2024.

¶20

P.C. :

¶21

Heard learned counsel for the parties.

¶22

The appeal is filed on the ground of contributory negligence so

1/3

31-FAst-2367-24.doc

S.S.Kilaje

also breach of insurance policy as the driver of the insured vehicle was not holding driving licence so also quantum of compensation.

¶27

The injured is a teacher and whose income is Rs.18,400/- p.m. based on the letter dated 18.12.2009 issued by the Block Education Officer indicating net salary of claimant at the time of accident as per 6^th Pay Commission was Rs.18,400/- p.m. Considering the said document at Exh. 133 he would be entitled to Rs.18,000/- p.m. However, income on the date of his accident was Rs.14,044/-. In the instant case the chargesheet has been filed against the driver of the offending truck and not against the motorcycle driver. No other evidence is placed on record as regards the contributory negligence.

¶28

In view of the same, the applicant is permitted to withdraw 75% of the amount which is deposited before the Tribunal along with accrued interest thereon till date subject to filing of usual undertaking to the satisfaction of the Presiding Officer of the Tribunal.

¶29

The Interim Application No. 10851 of 2024 is allowed and disposed of.

¶30

INTERIM APPLICATION NO. 872 OF 2024

¶31

For the reasons stated in the interim application, the application for condonation of delay of 83 days in filing the appeal is condoned and Interim Application No. 872 of 2024 is disposed of.

2/3

31-FAst-2367-24.doc

S.S.Kilaje

INTERIM APPLICATION NO. 873 OF 2024

¶36

The stay of the impugned order granted earlier stands confirmed till the final disposal of the appeal. Interim application No. 873

¶37

of 2024 is disposed of.

¶38

The appeal is admitted.

¶39

Call R & P. On admission, Advocate Mr. Shinde waives notice for respondent No.1.

¶40

( ARUN R. PEDNEKER, J.)

¶41

SONALI Digitally signedby SONALISATISH KILAJE SATISHKILAJE Date:2024.08.0219:10:00+0700

¶42

3/3

United India Insurance Co. Ltd. Thr. Regional Manager v. Mr. Dadabhau Namdeo Dafal and Ors.

Case brief

What is this about?

What did the court decide?

United India Insurance Co. Ltd. Thr. Regional Manager v. Mr. Dadabhau Namdeo Dafal and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Mrs. Dipti Vivekanand Bijgarni vs Shri. Vivekanand Vasant Bijgarani

Reliance General Insurance Company Ltd.,Mumbai vs Dhanaji Shrirang Pisal and Anr.

Smt Devibai Nankchand Relan Since Deceased His Legal Heirs Nandakishore Nanakchand Relan vs Nitin Raut Deputy Collectr

Bajaj Allianz Genral Insurance Co. Ltd.,Thane through Its Divisional Managar vs Geetanjali Santosh Kharat and Ors.

Sheetal Aniket Gheji vs Aniket Dundapa Gheji

Bajaj Allianz Genral Insurance Co. Ltd. Divisional Managar vs Vijay Baban Kamlakar and Ors.