1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH : NAGPUR
First Appeal No.788/2013
APPELLANT : The National Insurance Co. Ltd.
Through its Divisional Manager,
The National Insurance Co. Ltd.,
ig Office at Samra Complex, Jaistambh
Chowk,
Amravati (Insurer vide Policy
No.270501/31/03/6308412 valid from
1.3.2004 to 28.2.2005 issued from
Wardha Branch).
VERSUS
RESPNDENTS : 1. Rajeshwar s/o. Moreshwar Shirsat,
Aged about 48 years,
Occupation : Service,
R/o. Mahavir Nagar, House No.79,
Yavatmal.
(Ori. Applicant)
2. Khurshid Ahemad Abdul Raheman
(deleted in view of Registrar's Order
dt.6.2.2015).
(Ori.N.A. No.1)
3. Sheikh Arif Sheikh Mehaboob,
R/o. Shastri Nagar, Yavatmal,
Tq. & Distt. Yavatmal
(Owner of Trax (Black & Yellow)
bearing No.MH-29/2111 involved
in the accident)
(Ori.N.A. No.2)
4. Mohamad Iqbal Abdul Rashid,
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2
(deleted in view of Registrar's Order
dt.6.2.2015).
(Ori.N.A. No.4)
5. The Maharashtra State Road
Transport Corporation,
Through its Divisional Controller,
Office at Arni Road, Yavatmal
(Owner of S.T. Bus bearing No.
MH-31/6166)
(Ori.N.A. No.5)
Shri S. N. Dhanagare, Advocate for appellant
Shri V. S. Gaikwad, Advocate for respondent no. 1
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First Appeal No. 385/2013 APPELLANT : The National Insurance Co. Ltd.
Through its Divisional Manager, The National Insurance Co. Ltd., Office at Samra Complex, Jaistambh Chowk, Amravati (Insurer vide Policy No.270501/31/03/6308412 valid from 1.3.2004 to 28.2.2005 issued from Wardha Branch).
VERSUS RESPNDENTS : 1. Deorao s/o Jebaji Telgote, Aged about 55 years, Occupation : Pan Stall & Agriculturist, R/o. Sankalp Colony, Akot Tq. and Dist. Akola.
(Ori. Applicant)
2. Khurshid Ahemad Abdul Raheman (Deleted in view of Registrar's ::: Downloaded on - 19/08/2015 23:56:39 ::: 3 order dated 6-2-2015) (Ori. N.A. No. 1)
3. Sheikh Arif Sheikh Mehaboob, R/o Shastri Nagar, Yavatmal Tq. & Dist. Yavatmal (Owner of Trax (Black & Yellow) bearing No. MH-29/2111 involved in the accident) (Ori. N.A. No. 2)
4. Mohamad Iqbal Abdul Rashid (Deleted in view of Registrar's order dated 6-2-2015) ig (Ori. N.A. No. 4)
5. The Maharashtra State Road Transport Corporation, Through its Divisional Controller, office at Arni, Road, Yavatmal.
(Owner of S.T. Bus bearing No. MH-31/9166) (Ori. N.A. No. 5) Shri S. N. Dhanagare, Advocate for appellant Shri V. S. Gaikwad, Advocate for respondent no. 1
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First Appeal No. 733/2013 APPELLANT : The National Insurance Co. Ltd.
Through its Divisional Manager, The National Insurance Co. Ltd., Office at Samra Complex, Jaistambh Chowk, Amravati (Insurer vide Policy No.270501/31/03/6308412 valid from 1.3.2004 to 28.2.2005 issued from Wardha Branch).
VERSUS ::: Downloaded on - 19/08/2015 23:56:39 ::: 4 RESPNDENTS : 1. Kailash s/o Moreshwar Shirsat, Aged about 32 years, occ. Driver, At present Nil, R/o Shirsat Layout, Plot No. 33, Near Police Mitra Society, Darwha Road, Yavatmal.
(Ori. Applicant)
2. Khurshid Ahemad Abdul Raheman (Deleted in view of Registrar's order dated 6-2-2015) (Ori. N.A. No. 1) ig 3. Sheikh Arif Sheikh Mehaboob, R/o Shastri Nagar, Yavatmal Tq. & Dist. Yavatmal (Owner of Trax (Black & Yellow) bearing No. MH-29/2111 involved in the accident) (Ori. N.A. No. 2)
4. Mohamad Iqbal Abdul Rashid (Deleted in view of Registrar's order dated 6-2-2015) (Ori. N.A. No. 4)
5. The Maharashtra State Road Transport Corporation, Through its Divisional Controller, office at Arni, Road, Yavatmal.
(Owner of S.T. Bus bearing No. MH-31/9166) (Ori. N.A. No. 5) Shri S. N. Dhanagare, Advocate for appellant Shri V. S. Gaikwad, Advocate for respondent no. 1
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First Appeal No. 738/2013 APPELLANT : The National Insurance Co. Ltd.
::: Downloaded on - 19/08/2015 23:56:39 ::: 5Through its Divisional Manager, The National Insurance Co. Ltd., Office at Samra Complex, Jaistambh Chowk, Amravati (Insurer vide Policy No.270501/31/03/6308412 valid from 1.3.2004 to 28.2.2005 issued from Wardha Branch).
VERSUS RESPNDENTS : 1. Sau. Kalpana w/o Bhimrao Shirsat, Aged about 30 years, Occ.
Tailoring work, R/o Plot No. 33, ig Near Police Mitra Society, Darwha Road, Yavatmal.
(Ori. Applicant)
2. Khurshid Ahemad Abdul Raheman (Deleted in view of Registrar's order dated 6-2-2015) (Ori. N.A. No. 1)
3. Sheikh Arif Sheikh Mehaboob, R/o Shastri Nagar, Yavatmal Tq. & Dist. Yavatmal (Owner of Trax (Black & Yellow) bearing No. MH-29/2111 involved in the accident) (Ori. N.A. No. 2)
4. Mohamad Iqbal Abdul Rashid (Deleted in view of Registrar's order dated 6-2-2015) (Ori. N.A. No. 4)
5. The Maharashtra State Road Transport Corporation, Through its Divisional Controller, office at Arni, Road, Yavatmal.
(Owner of S.T. Bus bearing No. MH-31/9166) (Ori. N.A. No. 5) ::: Downloaded on - 19/08/2015 23:56:39 ::: 6 Shri S. N. Dhanagare, Advocate for appellant Shri V. S. Gaikwad, Advocate for respondent no. 1
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First Appeal No. 745/2013 APPELLANT : The National Insurance Co. Ltd.
Through its Divisional Manager, The National Insurance Co. Ltd., Office at Samra Complex, Jaistambh Chowk, Amravati (Insurer vide Policy No.270501/31/03/6308412 valid from 1.3.2004 to 28.2.2005 issued from ig Wardha Branch).
VERSUS RESPNDENTS : 1. Satyabhama w/o Someshwar Shirsat, Aged about 45 years, Occupa. - Household work, R/o House No. 65, Anand Nagar, Yavatmal. (Ori. Applicant)
2. Khurshid Ahemad Abdul Raheman (Deleted in view of Registrar's order dated 6-2-2015) (Ori. N.A. No. 1)
3. Sheikh Arif Sheikh Mehaboob, R/o Shastri Nagar, Yavatmal Tq. & Dist. Yavatmal (Owner of Trax (Black & Yellow) bearing No. MH-29/2111 involved in the accident) (Ori. N.A. No. 2)
4. Mohamad Iqbal Abdul Rashid (Deleted in view of Registrar's order dated 6-2-2015) (Ori. N.A. No. 4) ::: Downloaded on - 19/08/2015 23:56:39 ::: 7
5. The Maharashtra State Road Transport Corporation, Through its Divisional Controller, office at Arni, Road, Yavatmal.
(Owner of S.T. Bus bearing No. MH-31/9166) (Ori. N.A. No. 5) Shri S. N. Dhanagare, Advocate for appellant Shri V. S. Gaikwad, Advocate for respondent no. 1
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First Appeal No. 746/2013 APPELLANT ig: The National Insurance Co. Ltd.
Through its Divisional Manager, The National Insurance Co. Ltd., Office at Samra Complex, Jaistambh Chowk, Amravati (Insurer vide Policy No.270501/31/03/6308412 valid from 1.3.2004 to 28.2.2005 issued from Wardha Branch).
VERSUS RESPNDENTS : 1. Sudarshan s/o Someshwar Shirsat, Aged about 18 years, Occu. -
Education, R/o Anand Nagar, house NO. 65, Yavatmal.
(Ori. Applicant)
2. Khurshid Ahemad Abdul Raheman (Deleted in view of Registrar's order dated 6-2-2015) (Ori. N.A. No. 1)
3. Sheikh Arif Sheikh Mehaboob, R/o Shastri Nagar, Yavatmal Tq. & Dist. Yavatmal (Owner of Trax (Black & Yellow) bearing No. MH-29/2111 involved in the accident) ::: Downloaded on - 19/08/2015 23:56:39 ::: 8 (Ori. N.A. No. 2)
4. Mohamad Iqbal Abdul Rashid (Deleted in view of Registrar's order dated 6-2-2015) (Ori. N.A. No. 4)
5. The Maharashtra State Road Transport Corporation, Through its Divisional Controller, office at Arni, Road, Yavatmal.
(Owner of S.T. Bus bearing No. MH-31/9166) ig (Ori. N.A. No. 5) Shri S. N. Dhanagare, Advocate for appellant Shri V. S. Gaikwad, Advocate for respondent no. 1
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First Appeal No. 753/2013 APPELLANT : The National Insurance Co. Ltd.
Through its Divisional Manager, The National Insurance Co. Ltd., Office at Samra Complex, Jaistambh Chowk, Amravati (Insurer vide Policy No.270501/31/03/6308412 valid from 1.3.2004 to 28.2.2005 issued from Wardha Branch).
VERSUS RESPNDENTS : 1. Sau. Kusum w/o Deorao Telgote Aged about 48 years, Occ. - Agr. Labour work, R/o Sankalpa Colony, Akot, Tq. & Dist. Akot.
(Ori. Applicant)
2. Khurshid Ahemad Abdul Raheman (Deleted in view of Registrar's ::: Downloaded on - 19/08/2015 23:56:39 ::: 9 order dated 6-2-2015) (Ori. N.A. No. 1)
3. Sheikh Arif Sheikh Mehaboob, R/o Shastri Nagar, Yavatmal Tq. & Dist. Yavatmal (Owner of Trax (Black & Yellow) bearing No. MH-29/2111 involved in the accident) (Ori. N.A. No. 2)
4. Mohamad Iqbal Abdul Rashid (Deleted in view of Registrar's order dated 6-2-2015) ig (Ori. N.A. No. 4)
5. The Maharashtra State Road Transport Corporation, Through its Divisional Controller, office at Arni, Road, Yavatmal.
(Owner of S.T. Bus bearing No. MH-31/9166) (Ori. N.A. No. 5) Shri S. N. Dhanagare, Advocate for appellant Shri V. S. Gaikwad, Advocate for respondent no. 1
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First Appeal No. 789/2013 APPELLANT : The National Insurance Co. Ltd.
Through its Divisional Manager, The National Insurance Co. Ltd., Office at Samra Complex, Jaistambh Chowk, Amravati (Insurer vide Policy No.270501/31/03/6308412 valid from 1.3.2004 to 28.2.2005 issued from Wardha Branch).
VERSUS ::: Downloaded on - 19/08/2015 23:56:39 ::: 10 RESPNDENTS : 1. Someshwar s/o Moreshwar Shirsat Aged about 53 years, Occ. Service, R/o Anand Nagar, House No. 65, Yavatmal.
(Ori. Applicant)
2. Khurshid Ahemad Abdul Raheman (Deleted in view of Registrar's order dated 6-2-2015) (Ori. N.A. No. 1)
3. Sheikh Arif Sheikh Mehaboob, R/o Shastri Nagar, Yavatmal ig Tq. & Dist. Yavatmal (Owner of Trax (Black & Yellow) bearing No. MH-29/2111 involved in the accident) (Ori. N.A. No. 2)
4. Mohamad Iqbal Abdul Rashid (Deleted in view of Registrar's order dated 6-2-2015) (Ori. N.A. No. 4)
5. The Maharashtra State Road Transport Corporation, Through its Divisional Controller, office at Arni, Road, Yavatmal.
(Owner of S.T. Bus bearing No. MH-31/9166) (Ori. N.A. No. 5) Shri S. N. Dhanagare, Advocate for appellant Shri V. S. Gaikwad, Advocate for respondent no. 1
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First Appeal No. 840/2013 APPELLANT : The National Insurance Co. Ltd.
Through its Divisional Manager, ::: Downloaded on - 19/08/2015 23:56:39 ::: 11 The National Insurance Co. Ltd., Office at Samra Complex, Jaistambh Chowk, Amravati (Insurer vide Policy No.270501/31/03/6308412 valid from 1.3.2004 to 28.2.2005 issued from Wardha Branch).
VERSUS RESPNDENTS : 1. Lokmitra @ Guddu s/o Rajeshwar Shirsat Aged about 19 years, Occ. Education R/o Mahavir Nagar, House No. 79, ig Yavatmal.
(Ori. Applicant)
2. Khurshid Ahemad Abdul Raheman (Deleted in view of Registrar's order dated 6-2-2015) (Ori. N.A. No. 1)
3. Sheikh Arif Sheikh Mehaboob, R/o Shastri Nagar, Yavatmal Tq. & Dist. Yavatmal (Owner of Trax (Black & Yellow) bearing No. MH-29/2111 involved in the accident) (Ori. N.A. No. 2)
4. Mohamad Iqbal Abdul Rashid (Deleted in view of Registrar's order dated 6-2-2015) (Ori. N.A. No. 4)
5. The Maharashtra State Road Transport Corporation, Through its Divisional Controller, office at Arni, Road, Yavatmal.
(Owner of S.T. Bus bearing No. MH-31/9166) (Ori. N.A. No. 5) Shri S. N. Dhanagare, Advocate for appellant ::: Downloaded on - 19/08/2015 23:56:39 ::: 12 Shri V. S. Gaikwad, Advocate for respondent no. 1
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First Appeal No. 845/2013 APPELLANT : The National Insurance Co. Ltd.
Through its Divisional Manager, The National Insurance Co. Ltd., Office at Samra Complex, Jaistambh Chowk, Amravati (Insurer vide Policy No.270501/31/03/6308412 valid from ig 1.3.2004 to 28.2.2005 issued from Wardha Branch).
VERSUS RESPNDENTS : 1. Bhimrao s/o Moreshwar Shirsat Aged about 34 years, Occ. Service, R/o Shirshat Layout, Plot No. 33, Near Police Mitra Society, Darwha Road, Yavatmal.
(Ori. Applicant)
2. Khurshid Ahemad Abdul Raheman (Deleted in view of Registrar's order dated 6-2-2015) (Ori. N.A. No. 1)
3. Sheikh Arif Sheikh Mehaboob, R/o Shastri Nagar, Yavatmal Tq. & Dist. Yavatmal (Owner of Trax (Black & Yellow) bearing No. MH-29/2111 involved in the accident) (Ori. N.A. No. 2)
4. Mohamad Iqbal Abdul Rashid (Deleted in view of Registrar's order dated 6-2-2015) (Ori. N.A. No. 4) ::: Downloaded on - 19/08/2015 23:56:39 ::: 13
5. The Maharashtra State Road Transport Corporation, Through its Divisional Controller, office at Arni, Road, Yavatmal.
(Owner of S.T. Bus bearing No. MH-31/9166) (Ori. N.A. No. 5) Shri S. N. Dhanagare, Advocate for appellant Shri V. S. Gaikwad, Advocate for respondent no. 1
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Coram : A. P. Bhangale, J Dated : 13th August 2015 Oral Judgment
1. Feeling aggrieved by common judgment and award dated 10th January 2013 passed by the Motor Accident Claims Tribunal, Yavatmal in MAC Petition No. 288 of 2004 and other petitions arising out of one and the said accident, appellant Insurance Company has filed present appeal.
2. The question in these appeals is about the liability of the Insurance Company. The Tribunal has held that appellant Insurance Company as well as owner and driver are jointly and severally responsible to pay compensation. Legal position cannot be disputed that it is primary liability of the Insurance Company to pay compensation and it is then at ::: Downloaded on - 19/08/2015 23:56:39 ::: 14 liberty to approach the Tribunal for recovery of that amount from the driver/owner of the vehicle if it feels that it was not liable to compensate the claimant.
3. In view of what is observed in paragraph 2 above, all these appeals are disposed of. In the cases where the appellant Insurance Company has deposited the amount of award, claimants are entitled to withdraw the same. No order as to costs.
A. P. BHANGALE, J joshi ::: Downloaded on - 19/08/2015 23:56:39 :::