Bajaj Allianz General Insurance Company Limited vs Mr.Yuvraj Shantilal Dangi and Anr. — Bombay HC (2026) — LawSathi Research

Bajaj Allianz General Insurance Company Limited vs Mr.Yuvraj Shantilal Dangi and Anr. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal dismissed. The claimant is permitted to withdraw the deposited amount with accrued interest; the statutory amount with accrued interest is to be transmitted to the Tribunal, with the parties at liberty to withdraw it as per Rule; R&P to be sent back to the Tribunal; pending Applications, if any, stand disposed of.

Issue for consideration

Whether the Tribunal's Judgment and Award should be interfered with on the insurer's contentions that the vehicle in question was not involved in the accident or alternatively there was no negligence on the part of its driver, and that the claimant failed to disclose the capacity in which he was travelling in the car.

Court's answer

No independent evidence was led by the insurer before the Tribunal, and the Written Statement does not show that any specific plea was raised by the insurer with regard to non-involvement or negligence.

Ratio / Principle

The entire Written Statement needs to be read as a whole and could not be read piecemeal.

Key takeaways

The moment it is claimed by the insurer that the claimant was unauthorizedly occupying the offending vehicle, it becomes an admission on the part of the insurer with regard to the involvement of the vehicle as well as the claimant being occupant of the said vehicle.ratio¶24
Since no evidence was led by the appellant/insurer before the Tribunal to substantiate its contentions, the Court found no reason to interfere with the impugned Judgment and Award.ratio¶27
There is no merit in the appeal; accordingly the appeal is dismissed.

Detailed headnote1 paragraphs

Bombay High Court (R. M. Joshi, J.) dismissed the insurer's First Appeal No. 1436 of 2025 against the award of Rs.5,42,680/- with 9% per annum interest granted in Motor Accident Claim Petition No. 729 of 2011. The insurer had urged that the vehicle in question was not involved in the accident or, alternatively, that its driver was not negligent, and that the claimant had failed to disclose the capacity in which he was travelling. Held: the insurer led no independent evidence before the Tribunal, and its Written Statement contained no specific plea of non-involvement or negligence; the entire Written Statement must be read as a whole and not piecemeal, and the moment the insurer claims that the claimant was unauthorizedly occupying the offending vehicle, that claim operates as an admission of the vehicle's involvement in the accident and of the claimant being its occupant. In the absence of evidence to substantiate its contentions, no interference was called for. The appeal was dismissed; the claimant was permitted to withdraw the deposited amount with accrued interest, the statutory amount was directed to be transmitted to the Tribunal with accrued interest, R&P was ordered to be returned, and pending applications were disposed of.

24-0FA-1436-2025+.DOC

Rekha Patil

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

FIRST APPEAL NO. 1436 OF 2025

WITH

CIVIL APPLICATION NO. 394 OF 2018

IN

FIRST APPEAL NO. 1436 OF 2025

Bajaj Allianz General Insurance Company Ltd. …Appellant Versus Yuvraj Shantilal Dangi & Anr …Respondents

Mr. Sarthak Diwan , for the Appellant.

Ms. Shirley Mody i/b Dormaan Dalal, for the Respondent No.1.

CORAM: R. M. JOSHI, J.

DATED: 16TH FEBRUARY 2026

PC:-

This Appeal takes exception to the Judgment and Award dated 15^th April, 2017, passed in Motor Accident Claim Petition No. 729 of 2011, whereby the injury claim filed by the claimant was allowed with directions to the opponent to pay compensation of Rs.5,42,680/- with interest at the rate of 9% per annum from the date of claim petition till realization of the amount.

The appellant/insurer filed this appeal on the ground that the Tribunal committed error in not considering the evidence on record which shows that the vehicle in question is not involved in the occurrence of the accident or in alternate, there is no

REKHA PRAKASH PATIL

Digitally signed by REKHA PRAKASH PATIL Date: 2026.02.25 11:39:07 +0530

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24-0FA-1436-2025+.DOC

negligence on the part of the driver of the offending vehicle in causing of the accident.

Learned Counsel for the appellant/insurer submits that in the Written Statement plea is raised by the insurer with regard to the denial of the liability of the payment of compensation on the ground that the claimant has failed to disclose the capacity in which he was travelling in the said car. So also, there is specific denial with regard to the involvement of offending vehicle in occurrence of the accident. He drew attention of the Court to the cross-examination of the claimant wherein he admits to have been received beating at the hands of villagers at the spot of the accident. On these amongst other contentions, he seeks interference in the impugned Judgment and Award.

Learned Counsel for the claimant supported impugned Judgment and Award.

Apart from the fact that no independent evidence has been led by the insurer before the Tribunal, perusal of the Written Statement also does not show that any specific plea was raised by the insurer with regard to the non involvement or negligence. Needless to say that the entire Written Statement needs to be read as a whole and it could not be read in piecemeal. The moment it is claimed by the insurer that the claimant was unauthorizedly occupying the offending vehicle, it becomes an admission on the part of the insurer with regard to the involvement of the vehicle as well as the claimant being occupant of the said vehicle. Since no

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24-0FA-1436-2025+.DOC

evidence is led by the appellant/insurer before the Tribunal to substantiate the contentions, this Court finds no reason to cause any inference in the impugned Judgment and Award.

Hence, there is no merit in the appeal.

In view of the above, I pass the following order.

ORDER

a) The Appeal stands dismissed.

b) The claimant is permitted to withdraw the deposited amount along with accrued interest thereon.

c) The statutory amount be transmitted to the Tribunal along with accrued interest thereon. The parties are at liberty to withdraw it as per Rule.

d) R & P be sent back to the Tribunal.

In view of dismissal of the Appeal, pending Applications, if any, stand disposed of.

(R. M. JOSHI, J.)

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