National Insurance Company Ltd. ... vs Waman Natthuji Titare And And Ors
2017 Latest Caselaw 8368 Bom

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        IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

                 NAGPUR BENCH : NAGPUR

First  Appeal No. 725 of 2014 

Appellant :              National Insurance Company Limited, through
                         the Regional Manager, Nagpur Regional Office,
                         Mangalam Arcade, 2nd floor, Dharampeth Extn.,
                         North Bazar Road, Nagpur

                         Versus

Respondents:             Waman Natthuji Titare, aged about 57 years,
                         Occ: Agriculturist  ....  Deleted

                         1) Smt Kesarbai Waman Titare, aged about 49
                         years, Occ: Housewife, resident of Sunderkhed,
                         Tahsil Buldana

                         2) Shell Shell Transport Service, 4/B, Kirti
                         Tower, Tilak Road, Sayaji Gunj, Baroda (Guj)

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Ms S. P. Deshpande, Advocate for appellant Respondents served

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Coram : S. B. Shukre, J

Dated : 2nd October 2017

Oral Judgment

1. This is an appeal preferred against the Award passed under

Section 140 of the Motor Vehicles Act fastening liability to pay

compensation upon the appellant-Insurance Company and owner-

respondent no. 2, on the basis of no fault principle. The order impugned

is dated 18.11.2011.

2. Although it has been submitted by learned counsel for the

appellant that the impugned order is illegal and perverse, I find it hard to

accept the submission at this stage. The impugned order is based upon

the documents of police investigation filed along with the petition under

Section 166 of the Motor Vehicles Act. These documents, when

considered in the light of the contentions of the appellant taken in the

Written Statement, enable the Court to hold prima facie that the

offending vehicle was insured with the appellant. Of course, the

appellant has denied very strongly this fact in the Written Statement. But,

there is a specific mention of the cover note purportedly issued by the

appellant and its number has been given. So, now it would have to be

proved by the appellant that this cover note was not issued by its agent

and that it is a forged document. Learned counsel for the appellant

submits that the later investigation made by the appellant has revealed

this fact. But, at this stage, this fact is not forming part of the record.

Therefore, I am of the view that this fact would have to be established by

the appellant like any other facts, on its own merit, which stage will

arrive when the evidence of the appellant is to be recorded. For the

purposes of an application filed for getting compensation on the basis of

no fault principle, the Court is only required to consider existence of

prima facie case or otherwise and in the instant case, the Tribunal has

found it to be so, and rightly. Therefore, I do not see any reason for

making interference with the impugned order. The appeal deserves to be

dismissed.

3. Appeal is dismissed with no order as to costs. However, it is

made clear that the observations by this Court only reflect the prima facie

existence of the facts discussed earlier and, therefore, these observations

shall have no bearing upon the decision to be rendered by the Tribunal on

merits. It is also clarified that the Tribunal shall not be influenced by any

observations made in this order while finally deciding the petition filed

under Section 166 of the Motor Vehicles Act. All questions are kept open.

The amount deposited in this Court shall be transferred to the Tribunal

and it shall be held in deposit till the claim petition is disposed of, which

shall be, in any case, within six months from today.

S. B. SHUKRE, J

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