Bombay High Court
New India Assurance Co. Ltd. Thu ... vs Sukhdeo Kashinath Lohkare & 2 Ors on 23 May, 2017
Bench: B.P. Dharmadhikari
fa673.08.J.odt 1/3
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
FIRST APPEAL NO.673 OF 2008
New India Assurance Company Ltd.,
through its Divisional Manager,
Dr. Ambedkar Bhavan, 4th Floor,
MECL Building, Seminary Hills,
Nagpur. ....... APPELLANT
...V E R S U S...
1] Sukhdeo Kashinath Lohkare,
Aged about 50 years,
Occupation Service, R/o Majri,
Shivaji Nagar, Taluka Bhadrawait,
District Chandrapur.
2] Surendra Ishwar Patekar,
Aged about 30 years,
Occupation: Driver, R/o Majri,
Taluka Bhadrawati, District Chandrapur.
3] Motiram Jhinguji Uike,
Aged Major, R/o Gautam Nagar,
Behind Petrol Pump, Snehal Society,
Bhadrawati, District Chandrapur. ....... RESPONDENTS
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Shri Sahare, Advocate for Appellant.
Mrs. M.H. Pathade, Advocate for Respondent No.3.
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CORAM: B.P. DHARMADHIKARI, J.
DATE: 23 rd
MAY, 2017.
ORAL JUDGMENT
1] Order below Exh.12 i.e. an application under Section
fa673.08.J.odt 2/3
140 of the Motor Vehicles Act, 1988 passed by Motor Accident
Claims Tribunal, Kelapur on 19.09.2007 in M.A.C.P. No.458 of
2005 has been questioned by Insurance Company in present
matter. Shri Sahare, Advocate holding for respective counsel for
appellant submits that the driver driving the vehicle was not
possessing any licence and persons travelling in the vehicle were
passengers, this was in breach of conditions of insurance policy
and in any case, such passengers do not become third party.
2] Counsel appearing for respondent No.3 vehicle owner
states that respondent No.1 before this Court is the claimant and
respondent No.2 is the driver of alleged offending vehicle.
She submits that while considering application for grant of
compensation on no fault basis, preliminary inquiry is
contemplated and question of facts sought to be urged by
appellant, which require leading of evidence are not open.
3] After hearing respective counsel at this stage, one
cannot dispute involvement of an insured vehicle in accident and
injuries sustained by claimant in that accident. The other
contentions arising therefrom pertain to merit of controversy and
can be looked into after parties lead evidence. The Reference
fa673.08.J.odt 3/3
Court therefore, has correctly apportioned the no fault liability.
The Insurance Company has been directed to pay amount of
Rs.25,000/- to the claimant.
4] The claim petition was filed in the year 2005 for
accident which had taken place on 18.03.2003. In present appeal
this Court has not stayed adjudication of claim petition. It is
apparent that as of now period of more than 12 years has expired
after filing of claim petition and it may not be pending.
Respective counsels are not in a position to definitely make any
statement about status of claim petition. If the claim petition is
finally disposed of, amount received by claimant on no fault basis
must have been adjusted while effecting final payment. In that
event, present challenge would be redundant.
5] Hence, taking over all view of the matter, I do not
find any merit in the appeal. The appeal is dismissed with no
costs.
JUDGE
NSN
