Bombay High Court
The National Insurance Co. Ltd. ... vs Satyabhama W/O Someshwar ... on 13 August, 2015
Bench: A.P. Bhangale
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
---------------------------
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
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
---------------------------
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
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
---------------------------
First Appeal No. 738/2013
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. 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)
Shri S. N. Dhanagare, Advocate for appellant
Shri V. S. Gaikwad, Advocate for respondent no. 1
---------------------------
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)
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
---------------------------
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)
(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
---------------------------
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
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
---------------------------
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
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
---------------------------
First Appeal No. 840/2013
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. 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
Shri V. S. Gaikwad, Advocate for respondent no. 1
---------------------------
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)
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
---------------------------
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
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
