The United India Insurance ... vs Smt Babybai Deonaoji Wardhe And 4 ...
2016 Latest Caselaw 1288 Bom

                                                   1              fa664.04.odt

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             NAGPUR BENCH, NAGPUR




                                                                               
                                                       
                               FIRST APPEAL NO. 664 OF 2004 


                The United India Inusrance Company Limited,




                                                      
                Through its' Divisional Manager,
                Inside Satish Motors Compound,
                Badnera Road, Amravati.                 APPELLANT




                                           
                              ig    ...VERSUS...


     1]         Smt. Babybai Deoraoji Wardhe,
                            
                aged about 49 years, Occ. Housework.

     2]         Vijay Deoraoji Wardhe,
                aged about 28 years, 
      

                Occ. Brick Kiln Busienss,
   



     3]         Ashok Deoraoji Wardhe,
                aged about 25 years, Occ. Education,

                Respondent Nos. 1 to 3 all residents





                of : Wasani (Bk), Tq. Achalpur,
                At present C/o. Dadaraoji S. Wardhe,
                Ramabai Ambedkar Nagar, Amravati,
                District-Amravati.





     4]         Shri S. Subha Rao s/o. Sundar Rao,
                aged not known, Occ. Truck Owner
                R/o. C.o Shri Sundar Rao, A.C.Nagar,
                Nellor (A.P)

     5]         Shanford J. Narhona,
                aged about 37 years, Occ. Truck Driver,
                R/o. C/o. S. Suba Rao, A.C. Nagar,
                Nellor (A.P)
                (Appeal Dismissed against R-4 and 5)                  RESPONDENTS



    ::: Uploaded on - 21/04/2016                       ::: Downloaded on - 29/07/2016 21:12:36 :::
                                                         2               fa664.04.odt

     -------------------------------------------------------------------------------------------
     Shri S.N.Dhanagare, Advocate for appellant.




                                                                                     
     Shri N.R.Saboo, Advocate, for Respondent Nos.1 to 3
     -------------------------------------------------------------------------------------------




                                                             
                               CORAM: R. K. DESHPANDE, J.

th DATE : 6 APRIL, 2016 .

ORAL JUDGMENT

1] In Motor Accident Claims Petition No. 271 of

2001 filed under Section 166 of the Motor Vehicles Act,

claiming compensation on account of the death, the Tribunal

has awarded compensation of Rs.2,27,000/- inclusive of 'no

fault liability' along with interest at the rate of 9% per annum

from the date of petition till its realization. The owner, driver

and the insurer of the offending vehicle i.e. Truck bearing

registration No. MP-26/V-5219 are held jointly and severally

liable to pay the amount of compensation. The Insurance

Company is before this Court.

2] Undisputedly, the vehicle i.e. the truck in

question was insured with the appellant-Insurance Company

and such insurance was valid and subsisting on the date of

occurrence of the accident on 10.11.2000. It was a case of

3 fa664.04.odt

collision between standard Minibus bearing registration No.

MH-28/9313 and the truck in question. The deceased was

sitting as a passenger in the Minibus and hence, he was a

third party and there was no question of he being responsible

for contributory negligence, if any, on the part of the driver of

the vehicle. The appeal has already been dismissed against

the respondent nos. 4 and 5, the owner and driver of the

vehicle.

3] In view of the aforesaid factual position, the

appeal cannot proceed for decision on merits in the absence

of respondent nos. 4 and 5, who are held jointly and severally

liable along with the appellant-Insurance Company, though

they were proceeded exparte in the tribunal. The Insurance

Company cannot be exonerated or discharged from the

liability in the absence of respondent nos. 4 and 5. Even

otherwise it is a case of injury to the third party so far as the

offending vehicle is concerned and the risk was covered by

the 'third party insurance'. There is, therefore, no substance

in the appeal. The same is dismissed. No costs.

4] The amount, if any, deposited by the appellant-

4 fa664.04.odt

Insurance Company is permitted to be withdrawn by the

respondent-claimant along with interest, if any, accrued

thereon.

JUDGE

Rvjalit