Dismissed

United India Insurance Co. Ltd., v. Moin Ahemad Rafik Ahemad Saiyed

Gujarat HC9 May 2018FA/1636/2018

Case brief

AI extract

What is this about?

The High Court dismissed an appeal against an interim award under Section 140 of the Motor Vehicles Act. Clarifying that such awards are summary in nature, the Court held that an insurance company is not estopped from raising statutory defenses, including those under Section 149, during the final hearing under Section 166.

What did the court decide?

The appeal was dismissed with the clarification that the appellant can raise statutory defenses at the final hearing.

United India Insurance Co. Ltd., Vs Moin Ahemad Rafik… — Motor Accident Claims | Gujarat HC (2018)

¶1

C/FA/1636/2018 ORDER

¶2

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

¶3

R/FIRST APPEAL NO. 1636 of 2018

¶4

========================================================== UNITED INDIA INSURANCE CO. LTD.,

¶5

Versus

¶6

MOIN AHEMAD RAFIK AHEMAD SAIYED

¶7

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

¶8

Appearance:

¶9

MR GC MAZMUDAR(1193) for the PETITIONER(s) No. 1 MR HG MAZMUDAR(1194) for the PETITIONER(s) No. 1 for the RESPONDENT(s) No. 1,2,3,4,5

¶10

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

¶11

CORAM: HONOURABLE MR.JUSTICE C.L. SONI

¶12

Date : 09/05/2018

¶13

ORAL ORDER

¶14

[1] The appeal is preferred against the award passed by Motor Accident Claims Tribunal (Aux.), at Rajkot dated 17.02.2017 under Section 140 of the Motor Vehicles Act, 1988 (“the Act”), whereby, the application preferred by the claimant/s is allowed and the appellant and the other opponents in the claim petition are directed to pay jointly and severally Rs.25,000/- with interest at the rate of 9% per annum to the claimants.

¶15

[2] As, such award under Section 140 of the Act is made on nofault liability principle, no interference is required at this stage with the impugned award.

¶16

[3] However, learned advocate Mr.Mazmudar for the appellant submitted that since the appellant – Insurance Company had raised various contentions including the statutory defences available under Section 149 of the Act and specific defence as regards noninvolvement of the vehicle insured by the appellant – insurance

¶17

Page 1 of 2

¶18

C/FA/1636/2018 ORDER

¶19

company in the accident and since the award is made on consideration of all such contentions, the appellant – Insurance Company may be estopped from raising such contentions including the statutory defences at the time of finally deciding the application filed under Section 166 of the Act. He also submitted that the appellant could not be held liable to pay interim compensation as the vehicle insured by it was not involved in accident.

¶20

[4] The Court, however, is of the view that since the interim award under Section 140 of the Act is made on no fault liability principle, it is always on summary inquiry, it cannot be said to have been made after considering all contentions as if final decision is rendered on claim petition under Section 166 of the Act. It will be, therefore, open to the appellant – Insurance Company to take all contentions available in law including the statutory defences available to the appellant – Insurance Company under Section 149 of the Act and above specific defence.

¶21

[5] With above clarification, the appeal is dismissed.

¶22

(C.L. SONI, J)

¶23

Vijay

¶24

Page 2 of 2

United India Insurance Co. Ltd., v. Moin Ahemad Rafik Ahemad Saiyed

Case brief

What is this about?

What did the court decide?

United India Insurance Co. Ltd., v. Moin Ahemad Rafik Ahemad Saiyed

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Official Liquidator of M/S Esskay Pharmaceuticals Ltd. Vs the General Manager India Sme Asset Reconsturction Co. Ltd.

Sarine Technologies Ltd. Vs Utpal Mistry

Ultra Tech Cement Ltd. Vs Jaisu Shipping Company Pvt. Ltd.

Official Liquidator of Hindustan Cotex Exports Ltd.(in Liqn) Vs Canara Bank

Official Liquidator of M/S Various Companies(in Liquidtion) Vs Na

Gritec S N C Vs Maxim Tubes Company Pvt. Ltd.