National Insurance Company Limited Nashik Thr. the Divisional Manager v. Sunandabai Suresh Bagul and Ors.
Case brief
What is this about?
Motor accident compensation first appeals (FA 1648/2024 and FA 1650/2024) decided together by Bombay High Court (Shivkumar Dige, J., 13-01-2025). Insurer National Insurance Company Ltd appealed Tribunal (Nashik) awards concerning a Chevrolet Tavera MH-12/CY-8191 under Policy No.270607311710001888 (15.3.2018-14.3.2019), driven/owned by Ravindra Dinkar Chavan; claimants: Hire family (Sonali, Durgesh, Shraddha, Dharma Punjaram, Sindhubai) for pillion rider Shankar Dharma Hire, and Bagul family (Sunandabai, Manisha, Savitra) for rider Vishwanath Suresh Bagul. Insurer's grounds: carriage of passengers breaching policy conditions, rider not wearing helmet, contributory negligence. Court found no evidence proving breach or non-helmet use; recorded sole negligence of offending driver who crossed to the other side of the road and dashed the motorcycle. Both appeals dismissed, no costs; deposited amounts releasable with interest, statutory deposits returned to Tribunal. Relevant tags: policy-breach rejected, helmet allegation unproved, contributory negligence rejected, sole negligence, MACP appeal dismissed, compensation upheld.