Reliance General Insurance ... vs Bardabai Shivaji Sathe And Anr
2021 Latest Caselaw 12958 Bom

                                                     First Appeal No.3680/2017
                                      :: 1 ::



           IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                               BENCH AT AURANGABAD


                       FIRST APPEAL NO.3680 OF 2017


 Reliance General Insurance Co. Ltd.                 ... APPELLANT
          VERSUS
 Sau. Bardabai Shivaji Sathe & anr.                  ... RESPONDENTS


                              .......
 Mr. A.S. Usmanpurkar, Advocate for appellant
 Mr. M.S. Shaikh, Advocate for respondent No.1.
 Mr. Vivek Tarde, Advocate for respondent No.2.
                              .......

                                 WITH
                 CIVIL APPLICATION NO.7177 OF 2020 IN
                     FIRST APPEAL NO.3680 OF 2017

 Bardabai Shivaji Sathe                              ... APPLICANT
          VERSUS
 Reliance General Insurance Co. Ltd.
 and another                                         ... RESPONDENTS

                              .......
 Mr. M.S. Shaikh, Advocate for applicant
 Mr. A.S. Usmanpurkar, Advocate for respondent No.1
 Mr. Vivek Tarde, Advocate for respondent No.2.
                              .......

                                  CORAM :       R. G. AVACHAT, J.
                                  DATE :        9th September, 2021
 ORDER:

The appellant - Insurance Company is challenging

the judgment and award dated 25/4/2017, passed by

First Appeal No.3680/2017 :: 2 ::

Member, Motor Accident claims Tribunal (Tribunal),

Shrirampur, District Ahmednagar in Motor Accident Claim

Petition (Petition) No.30/2015. By the impugned judgment

and award, the appellant Insurance Company and the owner

of the vehicle involved in the accident have been directed to

pay jointly and severally a sum of Rs.1,20,600/- along with

interest @ 8% p.a. from the date of petition till realisation of

the amount, as compensation on account of injury and

disability suffered in the accident involving motor vehicle.

2. Heard. The challenge in this appeal is mainly on

the ground of cancellation of the insurance policy on account

of dishonour of the cheque issued towards payment of

premium under the policy of insurance. The learned counsel

for the appellant Insurance Company would submit that,

witnesses were examined in proof of the factum of dishonour

of cheque. The R.T.O. concerned had also been intimated

about cancellation of the policy of insurance along with the

owner of the vehicle as well. The learned counsel, therefore,

urged for allowing the appeal.

3. Learned counsel for the respondents claimant and

owner of the vehicle would support the impugned award.

First Appeal No.3680/2017 :: 3 ::

4. The respondent No.1 (original applicant) was

knocked down by the moving truck. Her claim for

compensation has, therefore, been allowed as stated above.

Admittedly, the appellant Insurance Company granted the

insurance cover to the offending truck. The date of the

accident falls within the period of the insurance cover. It is,

however, its case that, the cheque issued towards premium of

insurance has been dishonoured. The intimation thereof

along with repudiation of the contract of insurance was,

therefore, informed to the R.T.O. and the owner of the truck

(respondent No.2). There is, however, no evidence on record

to indicate the respondent No.2, owner of the truck, to have

been intimated about the cancellation of the policy of

insurance on account of dishonour of the cheque.

5. The injured claimant was a third party. On

appreciation of evidence in the matter, the Tribunal has rightly

negatived the claim of the appellant Insurance Company. On

reappreciation of the evidence, this Court has no reason to

take a different view. The appeal, therefore, fails. It is

dismissed. The amount in deposit with this Court be paid to

the respondent No.1 (original applicant) along with interest

First Appeal No.3680/2017 :: 4 ::

accrued thereon, immediately.

6. In view of the above, Civil Application also stands

disposed of.

( R. G. AVACHAT ) JUDGE

fmp/-