Dismissed

Iffco Tokio General Insurance Co. Ltd. through Its Manager v. Kishor Sudam Pawar and Others

Bombay HC2 Sept 2024WP/9416/2024

Case brief

AI extract

What is this about?

Single judge order dismissing five writ petitions filed by an insured bus company. Bench held that an application to add the truck owner and insurer as respondents in a claim petition was rightly rejected by the Tribunal due to the principle of composite negligence. All petitions dismissed.

What did the court decide?

WRIT PETITIONS DISMISSED. PETITIONERS LIBERTO TAKE RECOURSE TO AS MAY BE AVAILABLE IN LAW.

Iffco Tokio General Insurance Co. Ltd. through Its Manager Vs… — Insurance | Bombay HC (2024)

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2024:BHC-AUG:20761

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9409.24WP+

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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21 WRIT PETITION NO. 9409 OF 2024

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IFFCO TOKIO GENERAL INSURANCE CO.LTD.

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VERSUS

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GEETABAI KARAN PADVI & ANOTHER

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Advocate for the petitioner : Mr.S.S.Rathi

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WITH

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WRIT PETITION NO. 9410 OF 2024

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IFFCO TOKIO GENERAL INSURANCE CO.LTD.

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VERSUS

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AASHA MAJID NAIK & ANOTHER

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Advocate for the petitioner : Mr.S.S.Rathi

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WITH

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WRIT PETITION NO. 9411 OF 2024

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IFFCO TOKIO GENERAL INSURANCE CO. LTD. VERSUS

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AKHIRAJ LASHYA DHAR & OTHER

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Advocate for the petitioner : Mr.S.S.Rathi

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WITH

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WRIT PETITION NO. 9412 OF 2024

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IFFCO TOKIO GENERAL INSURANCE CO.LTD. VERSUS

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ARJUN ASHOK PADVI & ANOTHER

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Advocate for the petitioner : Mr.S.S.Rathi

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9409.24WP+

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WITH WRIT PETITION NO. 9413 OF 2024

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IFFCO TOKIO GENERAL INSURANCE CO.LTD. VERSUS

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DURGABAI MAJID NAIK & ANOTHER

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Advocate for the petitioner : Mr.S.S.Rathi

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WITH WRIT PETITION NO. 9414 OF 2024

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IFFCO TOKIO GENERAL INSURANCE CO. LTD. VERSUS

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KISAN MAJID NAIK & ANOTHER

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Advocate for the petitioner : Mr.S.S.Rathi

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WITH WRIT PETITION NO. 9415 OF 2024

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IFFCO TOKIO GENERAL INSURANCE CO.LTD.

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VERSUS

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KISHOR SUDAM PAWAR & ANOTHER

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Advocate for the petitioner : Mr.S.S.Rathi

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WITH

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WRIT PETITION NO. 9416 OF 2024

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IFFCO TOKIO GENERAL INSURANCE CO.LTD. VERSUS

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KISHOR SUDAM PAWAR & ANOTHER

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Advocate for the petitioner : Mr.S.S.Rathi

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CORAM : ARUN R. PEDNEKER, J. DATE : 02.09.2024

9409.24WP+

P.C. :

1] Heard the learned counsel for the petitioners. The learned counsel for the petitioners submits that the accident occurred between bus bearing Registration No. GJ03-AX-0198 and a Eicher truck bearing Registration No. MH-18-AA-9853. In the said accident, the claimants / occupants of bus suffered injuries. Crime was registered against the drivers of both the vehicles and that this is the case of contributory negligence according to the police papers. He further submits that the owner of the truck, so also, insurer of the offending truck ought to have been made party to the claim petition filed by the occupants of the bus. Therefore, the present petitioner, who is insurer of bus, has moved an application for adding owner and insurer of the truck as party respondent in the claim petition and by the impugned orders, the Motor Accident Claims Tribunal has rejected the said application. Against the said order, the present writ petitions are filed.

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9409.24WP+

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2] The instant case is of composite negligence as far as the occupants of the Bus are concerned. The Hon’ble Apex Court in the case of Khenyei Vs. New India Assurance Co. Ltd. & others , reported in 2015 [2] T.A.C. 677 (S.C.) has held that in case of composite negligence the claimant is entitled to sue all or anyone of the joint tort feasors and to recover the entire compensation from one of the tort feasors as liability of joint tort feasors is joint and several. In view of the same, the application is rightly rejected by the Motor Accident Claims Tribunal. Hence, all the Writ Petitions are dismissed.

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3] The petitioners are at liberty to take recourse to as may be available to them in law qua owners and insurance company of the truck as and when occasion

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arises.

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[ARUN R. PEDNEKER] JUDGE

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DDC

Iffco Tokio General Insurance Co. Ltd. through Its Manager v. Kishor Sudam Pawar and Others

Case brief

What is this about?

What did the court decide?

Iffco Tokio General Insurance Co. Ltd. through Its Manager v. Kishor Sudam Pawar and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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