Bombay High Court
M/S.Purushottam Transport ... vs Shri.Ramayan S/O.Jangi ... on 14 July, 2023
Bench: Abhay Ahuja
2023:BHC-AS:19462
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO.1371 OF 2017
WITH
CIVIL APPLICATION NO.37 OF 2023
AND
CIVIL APPLICATION NO.36 OF 2023
IN
FIRST APPEAL NO.1371 OF 2017
M/s Purushottam Transport ... Appellant/Applicant
Vs.
Ramayan Jangi Chaurasia and ors. ... Respondents
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Mr.J.S.Kini with Mr.A. Kini i/by Mr.Suresh Dubey, Advocates for the
Appellant/Applicant.
Mr.Ashif H. Husain with Ms.Deepika Oswal, Advocates for the
Respondents No.1 to 3.
Mr.A.P.Kulkarni, Advocate for the Respondent No.4.
-------
CORAM : ABHAY AHUJA, J.
DATE : 14 JULY, 2023.
P.C. :
CIVIL APPLICATION NO.36 OF 2023
1. Mr.Kini, learned counsel for the Appellant/Applicant submits that
he has instructions not to press this application and the application may
be disposed as not pressed.
Priya R. Soparkar 1 of 4
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2. Accordingly, this application is disposed of as not pressed.
FIRST APPEAL NO.1371 OF 2017
3. This is an appeal filed by the owner of the offending vehicle
impugning the judgment and award dated 5 th January, 2017 passed by the
Motor Accident Claim Tribunal, Mumbai in Claim Application No.1692 of
2012 as the Appellant has been solely held liable to pay compensation
to the claimants.
4. Mr.Kini, learned counsel for the Appellant would submit that the
Tribunal has proceeded to hold that the driver was not possessing a valid
driving license and in doing so has shifted the entire burden of proving
the breach of conditions on the Appellant. Learned counsel draws the
attention of this court to paragraphs No.10 and 14 of the impugned
decision to submit that despite the police papers nowhere showing that
driver did not have a license and there being no cross-examination of
the witnesses, the claim has been awarded against the Appellant.
5. Mr.Kulkarni, learned counsel for the Insurance Company-
Priya R. Soparkar 2 of 4
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Respondent No.4 and Mr.Ashif H. Husain, learned counsel for the original
claimant viz. Respondents No.1 to 3 would submit that they also like to
rebut the submissions by Mr.Kini and have material to demonstrate the
same.
6. Having heard the learned counsel and having perused the grounds
as well as the impugned judgment and award, the following order is
passed :-
(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 with copy to the other side.
7. List on 8th September, 2023 for hearing subject to removal of other
office objections.
CIVIL APPLICATION NO.37 OF 2023
8. This Civil Application No.37 of 2023 which is with respect to
production of additional evidence would also be considered at the time of
final hearing.
Priya R. Soparkar 3 of 4
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9. List on 8th September, 2023.
(ABHAY AHUJA, J.)
Priya R. Soparkar 4 of 4
