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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH : NAGPUR
First Appeal No. 725 of 2014
Appellant : National Insurance Company Limited, through
the Regional Manager, Nagpur Regional Office,
Mangalam Arcade, 2nd floor, Dharampeth Extn.,
North Bazar Road, Nagpur
Versus
Respondents: Waman Natthuji Titare, aged about 57 years,
Occ: Agriculturist .... Deleted
1) Smt Kesarbai Waman Titare, aged about 49
years, Occ: Housewife, resident of Sunderkhed,
Tahsil Buldana
2) Shell Shell Transport Service, 4/B, Kirti
Tower, Tilak Road, Sayaji Gunj, Baroda (Guj)
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Ms S. P. Deshpande, Advocate for appellant Respondents served
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Coram : S. B. Shukre, J Dated : 2nd October 2017 Oral Judgment
1. This is an appeal preferred against the Award passed under Section 140 of the Motor Vehicles Act fastening liability to pay compensation upon the appellant-Insurance Company and owner- respondent no. 2, on the basis of no fault principle. The order impugned is dated 18.11.2011.
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2. Although it has been submitted by learned counsel for the appellant that the impugned order is illegal and perverse, I find it hard to accept the submission at this stage. The impugned order is based upon the documents of police investigation filed along with the petition under Section 166 of the Motor Vehicles Act. These documents, when considered in the light of the contentions of the appellant taken in the Written Statement, enable the Court to hold prima facie that the offending vehicle was insured with the appellant. Of course, the appellant has denied very strongly this fact in the Written Statement. But, there is a specific mention of the cover note purportedly issued by the appellant and its number has been given. So, now it would have to be proved by the appellant that this cover note was not issued by its agent and that it is a forged document. Learned counsel for the appellant submits that the later investigation made by the appellant has revealed this fact. But, at this stage, this fact is not forming part of the record. Therefore, I am of the view that this fact would have to be established by the appellant like any other facts, on its own merit, which stage will arrive when the evidence of the appellant is to be recorded. For the purposes of an application filed for getting compensation on the basis of no fault principle, the Court is only required to consider existence of prima facie case or otherwise and in the instant case, the Tribunal has found it to be so, and rightly. Therefore, I do not see any reason for ::: Uploaded on - 06/11/2017 ::: Downloaded on - 07/11/2017 01:21:34 ::: 3 making interference with the impugned order. The appeal deserves to be dismissed.
3. Appeal is dismissed with no order as to costs. However, it is made clear that the observations by this Court only reflect the prima facie existence of the facts discussed earlier and, therefore, these observations shall have no bearing upon the decision to be rendered by the Tribunal on merits. It is also clarified that the Tribunal shall not be influenced by any observations made in this order while finally deciding the petition filed under Section 166 of the Motor Vehicles Act. All questions are kept open. The amount deposited in this Court shall be transferred to the Tribunal and it shall be held in deposit till the claim petition is disposed of, which shall be, in any case, within six months from today.
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