The Oriental Insurance Co.Ltd vs Smt. Pushpa W

                                      1                     fa1252.13.odt




      IN THE HIGH COURT OF JUDICATURE AT BOMBAY,




                                                                   
                   NAGPUR BENCH, NAGPUR.




                                           
                  First Appeal No.1252 of 2013

    The Oriental Insurance Co.Ltd.,




                                          
    Through the Regional Manager,
    T.P.Hub, Shukla Bhavan,
    Dharampeth, Nagpur.                   ..... Appellant.

                           :: versus ::




                                  
    1. Smt. Pushpa Wd/o Ashok Trivedi,
                     
    Aged about 50 years,
    Occupation Household,
    R/o Manseva Nagar, Nagpur.
                    
    2. Rajesh S/o Ashok Trivedi,
    Aged about 33 years,
    Occupation Pvt. Service,
      

    R/o Manseva Nagar, Nagpur.
   



    3. Shri Rajendra S/o Arjun Shende,
    Aged Major,
    Occupation Owner of Vehicle,
    R/o 3/8, New Ajni Police Quarters,





    Vishwakarma Nagar, Nagpur.             ..... Respondents.

    ==========================================
           Shri D.N.Kukday, counsel for the appellant.
           Shri Asghar Hussain, counsel for R-1.
    ==========================================





                       CORAM : A. P. BHANGALE, J.

DATE : 20th DECEMBER, 2013 .....2/-

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    ORAL JUDGMENT.




                                                                         

1. The appeal is in respect of interim award pursuant to order passed below Exhibit-5 whereby the appellant along with respondent No.3 were held liable to pay sum of Rs.50,000/- as "no fault-liability" under Section 140 of the Motor Vehicles Act, 1988 (for short, "the Act"), together with interest at the rate of 7.5% per annum from the date of the registration of the petition till its realization.

2. The submission advanced on behalf of appellant -

The Oriental Insurance Co.Ltd., is that initially in the FIR, registration number of the vehicle was not disclosed.

The alleged offending motor vehicle viz. "Tavera Jeep"

Bearing Registration No.MH-31-CV-5814, was seized after a long period from the date of the FIR. Therefore, the case of the appellant is, that the said vehicle was not involved in the accident in question.

Learned counsel for respondent No.1 stated, that this submission is in respect of the evidence to be led in the .....3/-

3 fa1252.13.odt main petition and it is for insurer to prove that the offending motor vehicle Bearing Registration No.MH-31-

CV-5814 was not involved in the accident as alleged.

3. In view of the submissions and prima facie legal position under Section 140 of the Act, order is passed when the Tribunal is satisfied about the use of the motor vehicle in the accident. The Tribunal can pass an appropriate order depending upon final award and the evidence led before it as to whether the amount, if paid, at interim stage to the claimant, can be ordered to be restituted to the appellant insurer if at all it is found that the vehicle insured by the appellant was not involved in the accident.

Hence, there would be no useful purpose to keep the appeal pending in this Court.

The insurer is at liberty to lead entire evidence and also to cross examine the witnesses concerned, so as to prove what was submitted before this Court.

.....4/-

4 fa1252.13.odt

4. In the result, the appeal is disposed of with a direction that the amount deposited in this Court, be transmitted to the tribunal. The Tribunal may at its discretion withhold the payment of interim award or if the interim payment is made under Section 140 of the, it shall be subject to the final award in the matter.

5. The learned Member of the Tribunal to dispose of the main petition as early as possible.

JUDGE !! BRW !! ...../-