Mr. Sambhaji Bandu Pawar vs Mrs. Ramabai Gopinath Yamgar And ...
2021 Latest Caselaw 11150 Bom

                  Digitally signed
      IRESH       by IRESH
                  SIDDHARAM
      SIDDHARAM   MASHAL
      MASHAL      Date: 2021.08.18
                  10:04:09 +0530

                                                                     3.517.16 fa.doc

ISM
                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               CIVIL APPELLATE JURISDICTION
                                FIRST APPEAL NO. 517 OF 2016
                                            WITH
                             CIVIL APPLICATION NO. 2190 OF 2019

        MR. SAMBHAJI BANDU PAWAR                                     ....APPELLANT

                  V/s.

        MRS. RAMABAI GOPINATH YAMGAR                              .....RESPONDENTS
        AND ORS

        Mr. Prabhakar M. Jadhav for the applicant
        Mr. Dilip Bodake for respondent no. 7

                                     CORAM :   NITIN W. SAMBRE, J.

                                     DATE:     AUGUST 17, 2021.

        P.C.:

        1]        This appeal is by vehicle owner who suffered a Judgment of pay

        and recovery.



        2]        According to counsel for the appellant, application is moved for

impleading respondent no. 7 to whom he has transferred the vehicle

prior in point of accident and as such, respondent no. 7 was a

necessary party. He would further claim that proposed respondent

no. 7 has misrepresented him that interest of the appellant will be

3.517.16 fa.doc

safeguarded, however, has chosen to practice fraud on the appellant-

applicant.

3] At this stage, this Court has certain reservations as scope of

the present appeal particularly in the backdrop of the submissions

made. Whether the issue of fraud practiced by the proposed

respondent no. 7 can be gone into present appeal is also required to

be addressed. It appears that M.A.C.T. relying on Judgment of the

Apex Court has ordered pay and recovery in view of fact that driver of

the offending vehicle was not holding a valid licence (expired on the

date of accident).

4] In the aforesaid background, counsel for the appellant-

applicant would like to address on the issue of breach of policy

particularly when driver was holding invalid driving licence.

5] Stand over to 14/09/2021.

[NITIN W. SAMBRE, J.]