Smt. Tejashri Mangesh Mane And Ors vs Bajaj Allianz General Insurance ...
2023 Latest Caselaw 8289 Bom

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                                                           16 - FA 137 OF 2023.doc


      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION
                      FIRST APPEAL NO. 137 OF 2023
Bajaj Allianz General Insurance Co. Ltd.             ..... Appellant
      VERSUS
Smt. Tejashri Mangesh Mane And Ors.                  ..... Respondents

                          ALONGWITH
               INTERIM APPLICATION NO. 1326 OF 2023
                               IN
                   FIRST APPEAL NO. 137 OF 2023

Smt. Tejashri Mangesh Mane And Ors.                  ..... Applicants

IN THE MATTER BETWEEN
Bajaj Allianz General Insurance Co. Ltd.             ..... Appellant
      VERSUS
Smt. Tejashri Mangesh Mane And Ors.                  ..... Respondents

Mr.D.S.Joshi a/w. Mr.Pradyumna Thakurdesai for the Appellant.

Mr.R.S.Alange for the Respondent nos. 1 to 4 and for the Applicants in
IA/1326/2023.
                             CORAM: ABHAY AHUJA, J.

DATE : 11th AUGUST, 2023

P.C:-

This appeal is listed under the caption of ' for admission'.

Mr.Joshi, learned counsel for the appellant would submit that there is

pay and recover order passed by the tribunal. Learned counsel would

submit that the Tribunal has clearly observed that in as much as the

driver of the insured vehicle was not holding a valid and effective

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16 - FA 137 OF 2023.doc

driving licence of the insured vehicle at the time of accident, the

tribunal has observed that there is the breach of the terms and

conditions of the insurance policy. However in view of the Supreme

Court decision in case of National Insurance Co. Ltd. vs. Swaran

Singh, 2004(3) SCC 297, which requires that in case of third party

claims, it is the insurance company that has to first pay and then

recover from the owner of the vehicle, the pay and record order has

been passed. However, learned counsel disputes the evidence based on

which the income of the deceased has been ascertained.

3. Having heard learned counsel and having perused the the

impugned judgment as well as the grounds, the following order is

passed :-

      (a)     Admit.


      (b)     Let the Registry call for the record and

proceedings within a period of four weeks.

(c) Let the compilation of the documents also be

filed within the same period with the copy to the other

side.

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16 - FA 137 OF 2023.doc

(d) List on 14th September, 2023 for final disposal.

(e) Registry to inform the respondents of the same.

[ABHAY AHUJA, J.]