The Oriental Insurance Co.Ltd vs Smt. Pushpa W
2013 Latest Caselaw 400 Bom

                                      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/-

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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/-

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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 !!

...../-