Bombay High Court
National Insurance Co. Ltd Nagpur vs Shashikant Sadashivrao ... on 10 August, 2015
Bench: A.P. Bhangale
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH : NAGPUR
First Appeal No. 241 of 2004
Appellant : National Insurance Company Limited, through
Divisional Manager, Division Office I, Fordoz
Chambers, Panchasheel Square, Wardha Road,
Nagpur
versus
Respondents : 1) Shashikant son of Sadashivrao Chimurkar,
aged about 61 years, Occ: service, resident
of Khare Town, Dharampeth, Nagpur
2) M/s Chirag Ice & Cold Storage (P) Ltd.,
through its proprietor Shri Malhotra, r/o
13/A, New Colony, Nagpur
3) Govind Balkrishna Kokse, aged about
Major, resident of Garud Khamb, Itwari,
Nagpur
4) The Divisional Manager .... Deleted
Ms S. P. Deshpande, Advocate for appellant
Mr A. J. Pophly, Advocate for respondent no. 1
Coram : A. P. Bhangale, J
Dated : 10th August 2015
Oral Judgment
1.
This appeal arises out of judgment and award passed in
Claim Petition No. 30 of 1996 passed by learned Member, Motor Accident
Claims Tribunal, Nagpur on 2nd December 2003 awarding sum of Rs.
1,70,000/- to the claimant inclusive of compensation paid under no fault
liability. Liability to the extent of 80% was fixed on appellant Insurance
while it was fixed at 20% as against owner of the offending vehicle.
Award amount was directed to carry interest @ 6% per annum from the
date of petition till its realization.
2. On 26.2.1995 claimant hired one TATA-407 truck bearing
registration number MH-31/M-3506 for transporting pipes and allied
material to his agricultural land at village Waghnath. Grain bags were
loaded in the said truck on its return. The offending vehicle gave a dash to
a stationary truck and in this accident petitioner was seriously injured.
He received injuries to his left leg and there was fracture to his left leg.
He underwent treatment for days together and had to incur Rs. 90,000/-
over his treatment. He suffered permanent disability to the extent of
35%.
3. Learned counsel for appellant Insurance Company has
contended that the impugned Award is unsustainable on the ground that
there was no proof of claimant being an agriculturist; he did not file any
documentary proof like 7/12 extract and proof to the effect that he was
owner of goods loaded in the vehicle.
4.
Learned counsel for respondent-claimant, on the other hand,
contended that evidence on record was sufficient to indicate that
claimant was owner of the goods. Considering the nature of goods which
was loaded in the truck and the fact that premium was charged in the
sum of Rs. 100/- which covered liability towards non-fare paying
passenger, appellant Insurance Company cannot deny its liability. Learned
counsel relied on the ruling of the Apex Court in Rameshkumar v.
National Insurance and ors reported in 2001 (3) TAC 639.
5. In paragraph 6 of the ruling in Ramesh Kumar's case
(supra), the Apex Court has observed thus :-
"Thus, this category of cases are also disposed of by
declaring that compensation awarded in such cases where
deceased or injured persons were travelling in a goods
carriage who were owner or his authorised representative,
the Insurance Company is liable to pay the compensation.
Any compensation or part of it not paid shall be paid to the
claimant by the Insurance Company within eight weeks of
this order.........."
6. Considering the settled legal position and facts and
circumstances of the present case, no fault can be found with the
impugned judgment and award granting compensation of Rs. 1,70,000/-
inclusive of no fault liability and fastening liability to the extent of 80% on
the appellant Insurance Company.
7. In the result, appeal is dismissed. No order as to costs.
A. P. BHANGALE, J
joshi
