Allowed

New India Assurance Co. Ltd. v. Nasimben Salimbhai Bava

Gujarat HC2 Feb 2012FA/3078/2000

Case brief

AI extract

What is this about?

The High Court allowed an appeal against a Motor Accident Claims Tribunal order awarding interim compensation. The court held that the liability issue remained unaddressed since the deceased was alleged to be a wrongdoer, noting reliance on a Supreme Court decision. Matter was remanded to the Tribunal to decide liability within one year, with deposited funds kept frozen.

What did the court decide?

Appeal allowed. Matter remanded to Tribunal to decide liability issue within one year. Depsited amount remains in FDR pending claim outcome.

New India Assurance Co. Ltd. Vs Nasimben Salimbhai Bava — Insurance | Gujarat HC (2012)

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FA/3078/2000

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JUDGMENT

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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FIRST APPEAL No. 3078 of 2000

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For Approval and Signature:

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HONOURABLE MR.JUSTICE KS JHAVERI

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=========================================================

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1^{Whether Reporters of Local Papers may be allowed} to see the judgment ?

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2 To be referred to the Reporter or not ?

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3^{Whether their Lordships wish to see the fair copy} of the judgment ?

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Whether this case involves a substantial question of law as to the interpretation of the 4 constitution of India, 1950 or any order made thereunder ?

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5^{Whether it is to be circulated to the civil judge}

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========================================================= NEW INDIA ASSURANCE CO. LTD. - Appellant(s)

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Versus

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NASIMBEN SALIMBHAI BAVA & 4 - Defendant(s)

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=========================================================

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Appearance :

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MS MEGHA JANIfor Appellant(s) : 1,
MR SURESH M SHAH for Defendant(s) : 1,
None for Defendant(s) : 2,
RULE SERVED for Defendant(s) : 3 - 5.

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=========================================================

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CORAM :HONOURABLE MR.JUSTICE KS JHAVERI

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Date : 02/02/2012

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ORAL JUDGMENT

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1. By way of this appeal, appellant – Insurance Company has challenged the order dated 16.06.2000

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FA/3078/2000

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2/3

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JUDGMENT

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passed below Exh.1 in Motor Accident Claims
Petition No.667 of 1997, filed under Section 163-
A of the Motor Vehicles Act, passed by the Motor
Accident Claims Tribunal, Kutch, whereby the
Tribunal has awarded Rs.3,64,500/- as interim
compensation together with interest at the rate
of 12% p.a. from the date of this application
till the realization.

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2. Learned advocate for the appellant has contended that though there was no liability of appellant – Insurance Company to pay compensation as the deceased himself was a wrongdoer. Learned advocate for the appellant has relied upon the decision of Apex Court in case of National

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Insurance Company Vs. Sinitha and Others passed
in Special Leave Petition (C) No.6513 of 2007.

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3. I have heard learned counsel for the appellant and perused the record as well as order passed by the Tribunal below application, filed under Section 163-A of the Motor Vehicles Act. It is apparent that the Tribunal has not dealt with liability issue as the appellant – Insurance Company is contending that the deceased himself was the wrongdoer. Prima-facie it appears that the liability issue is required to be examined seriously, in view of the decision in case of

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National Insurance Company Vs. Sinitha and

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Others passed in Special Leave Petition (C)
No.6513 of 2007.

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FA/3078/2000

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JUDGMENT

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4. Therefore, the matter is remanded to the Tribunal
for considering the liability issue. The Tribunal
is directed to decide the matter, within one year
from the date of receipt of this order. However,
to protect the interest of the original
applicants, the deposited amount will remain
deposited in FDR and interest accrued thereon
will not be disbursed to the original claimants.
The entire amount will be given to the party, who
succeeds in the claim proceeding. The appeal
stands disposed of accordingly.

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[K.S.JHAVERI, J.]

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..mitesh..

New India Assurance Co. Ltd. v. Nasimben Salimbhai Bava

Case brief

What is this about?

What did the court decide?

New India Assurance Co. Ltd. v. Nasimben Salimbhai Bava

Case brief

What is this about?

What did the court decide?

What the court decided

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