Bombay High Court
Shri. Ashok Mahadu Kungar And Anr vs Shriram General Insurance Com. ... on 31 August, 2021
Bench: Nitin W. Sambre
14.1558.16 FA.doc
ISM
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO. 1558 OF 2016
SHRIRAM GENERAL INSURANCE ....APPELLANT
CO. LTD.
V/s.
SHRI. ASHOK MAHADU KUNGAR .....RESPONDENTS
AND OTHERS
WITH
INTERIM APPLICATION NO. 2103 OF 2021
ASHOK MAHADU KUNGAR AND ANR ....APPLICANTS
V/S.
SHRIRAM GENRAL INSURANCE CO. LTD. ....RESPONDENTS
AND ANR
WITH
FIRST APPEAL NO. 1574 OF 2016
[NOT ON BOARD]
SHRIRAM GENERAL INSURANCE ....APPELLANT
CO. LTD.
V/s.
MR. PRAKASH BABAN VADAKATE AND ANR .....RESPONDENTS
WITH
FIRST APPEAL NO. 1576 OF 2016
[NOT ON BOARD]
1/5
14.1558.16 FA.doc
SHRIRAM GENERAL INSURANCE ....APPELLANT
CO. LTD.
V/s.
SMT. BABABAI TRYAMBAK DEVGUNDE .....RESPONDENTS
AND ANR.
Mr. Nikhil Mehta i/b KMC Legal Venture for appellant
Mr. Pritesh K. Bohade for the respondents
CORAM : NITIN W. SAMBRE, J.
DATE: AUGUST 31, 2021.
P.C.:
1] By consent of the appellant and the respondents, all these
three appeals are taken together and heard fnally. First Appeal Nos.
1574/2016 and 1576/2016 are taken on board by consent as
mentioned by counsel for the appellant.
2] Since all these three appeals are arising out of the very same
accident which has occurred on 14/09/2010, facts of First Appeal
No. 1558/2016 are taken into account for deciding present appeals.
3] Motor Accident Claims Tribunal, Malegaon has decided the
14.1558.16 FA.doc
claim petitions preferred by respondent-claimants in exercise of
powers under Section 163A of the Motor Vehicles Act [Hereinafter
referred to as 'the Act' for the sake of brevity]
4] Case of the claimant is, deceased died in the accident of
vehicle truck bearing no. MH-18-M-6908 which was insured with the
appellant.
5] The defence raised by the appellant in the claim petition was
of breach of policy conditions. It is contended that victims were not
covered as per the terms of the policy as insured persons. It is
alleged that deceased were unauthorized persons who were
travelling beyond the permissible capacity.
6] In the aforesaid background, counsel for the appellant would
urge that appeals are liable to be allowed as breach of policy
conditions could be inferred from the record.
7] If the aforesaid submissions are appreciated, what is required
14.1558.16 FA.doc
to be noticed is, claim petitions are preferred under Section 163A of
the Act. In the scheme of the said Act, it is not open for the
appellant-insurance company or the vehicle owner to come out with
the case of breach of policy conditions as long as there exist
insurance policy of the offending vehicle. Under the Scheme of
Section 163A (2) of the Act, it is not necessary to plead and
establish the wrongful act, negligence or default of the insured. The
Award of compensation is based on structured formula as the
payment of compensation has to be in accordance with as
prescribed under Schedule-II of the Act. Section 163A has
overriding effect on all the provisions of the Act.
8] Perusal of the Judgment impugned in the appeal aptly makes
it clear that all the facets of the matter including that of evidence
brought on record was considered by Tribunal and in analytical way,
dealt with, in the backdrop of Scheme of Section 163A, 147(1) &
149(2) of the Act.
9] As such, award of compensation in all these appeals cannot
be faulted with.
14.1558.16 FA.doc
10] As such, all these appeals stand dismissed.
11] As a consequence of dismissal of appeals, all the pending
applications for withdrawal of the amount of compensation with
accrued interest thereon stands allowed.
12] Statutory amount deposited, if any, in this Court is directed to
be forthwith transmitted to the Tribunal with accrued interest
thereon.
[NITIN W. SAMBRE, J.]
Digitally signed
IRESH by IRESH
SIDDHARAM
SIDDHARAM MASHAL
MASHAL Date: 2021.10.01
12:06:16 +0530
