Bombay High Court
Reliance General Insurance ... vs Gandadhar Janaji Todkar And Ors on 8 August, 2023
Bench: Abhay Ahuja
13-FA-457-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO.3336 OF 2022
IN
FIRST APPEAL NO.457 OF 2022
WITH
FIRST APPEAL NO.457 OF 2022
RELIANCE GENERAL INSURANCE CO.LTD. )...APPLICANT
V/s.
GANDADHAR JANAJI TODKAR AND ORS. )...RESPONDENT
Ms.Kalpana Trivedi, Advocate for the Applicant/Appellant.
Ms.Rina Kundu, Advocate for the Respondents.
CORAM : ABHAY AHUJA, J.
DATE : 8th AUGUST 2023
P.C. :
1. This is an Interim Application seeking stay on the execution of
the judgment and award dated 9th October 2019 passed by the Motor
Accident Claims Tribunal, Thane in Motor Accident Claim Petition
No.1064 of 2009.
2. Ms.Trivedi, learned Counsel for the Applicant/Appellant
Insurance Company, would submit that the entire decretal amount has
already been deposited and the stay granted earlier be continued till
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the final disposal of the Appeal. Ms.Kundu, learned Counsel for the
Respondents, confirms that the entire decretal amount has been
deposited and has no objection if the stay is continued till the final
disposal.
3. Having heard the learned Counsel and having perused the
application as well as the record, let the stay granted earlier be
continued till the final disposal of the Appeal.
4. The Interim Application, accordingly, stands disposed.
FIRST APPEAL NO.457 OF 2022
5. This is an Appeal challenging the judgment and award dated 9 th
October 2019. Ms.Kalpana Trivedi, learned Counsel for the Appellant -
Insurance Company, would submit that her client insured the jeep
which was involved in the accident with a truck which is insured by
Bajaj Allianz Insurance Company and since this involves an accident
between two vehicles, there should have been contributory negligence
attributed to the other vehicle and Bajaj Allianz Insurance Company
should have also been made liable to pay part of the compensation.
Learned Counsel would submit that, however, the Tribunal has,
ignoring the police papers, gone ahead and held the driver of the jeep
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to be solely negligent and attributed 100% of the negligence on him,
making the Appellant Insurance Company jointly and severally liable
with the Respondent no.4 - owner to pay the compensation, and
therefore the Appeal.
6. Having heard the learned Counsel and having perused the
impugned judgment and the grounds, the following order is passed :
ORDER
(i) Admit.
(ii) Registry is directed to call for Record and Proceedings within a
period of four weeks.
(iii) Let private paper book be filed within a period of four weeks
thereafter.
(iv) List on 3rd October 2023, subject to removal of all office
objections and service to all the Respondents.
(ABHAY AHUJA, J.)
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