Bombay High Court
The New India Assurance Co. Ltd., ... vs Smt. Pushpa Akash Ingawale And Ors on 18 July, 2023
Bench: Abhay Ahuja
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO.439 OF 2022
The New India Assurance Co. Ltd.
Pune and Mumbai .... Appellant
Versus
Smt.Sangita Ashok Umap and Ors. .... Respondents
ALONGWITH
INTERIM APPLICATION NO.1330 OF 2023
IN
FIRST APPEAL NO.439 OF 2022
Smt.Sangita Ashok Umap and Ors. .... Applicants
IN THE MATTER BETWEEN
The New India Assurance Co. Ltd.
Pune and Mumbai .... Appellant
Versus
Smt.Sangita Ashok Umap and Ors. .... Respondents
ALONGWITH
FIRST APPEAL NO.337 OF 2021
The New India Assurance Co. Ltd.
Pune and Mumbai .... Appellant
Versus
Smt.Pushpa Akash Ingawale and Ors. .... Respondents
ALONGWITH
FIRST APPEAL NO.415 OF 2021
The New India Assurance Co. Ltd.
Pune and Mumbai .... Appellant
Versus
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Tanaji Shripati Kapse and Anr. .... Respondents
ALONGWITH
FIRST APPEAL NO.381 OF 2021
The New India Assurance Co. Ltd.
Pune and Mumbai .... Appellant
Versus
Smt.Krishnabai Dnyaneshwar Ingawale & .... Respondents
Ors.
ALONGWITH
FIRST APPEAL NO.408 OF 2021
The New India Assurance Co. Ltd.
Pune and Mumbai .... Appellant
Versus
Vithal Gulabrao Bathe and Anr. .... Respondents
ALONGWITH
FIRST APPEAL (STAMP) NO.8404 OF 2021
The New India Assurance Co. Ltd. .... Appellant
Versus
Smt.Krishnabai Dnyaneshwar Ingawale & .... Respondents
Ors.
ALONGWITH
FIRST APPEAL NO.370 OF 2021
The New India Assurance Co. Ltd.
Pune and Mumbai .... Appellant
Versus
Smt.Nanda Amar Ingawale & Ors. .... Respondents
Mr.Rajesh Kanojia a/w. Ms.Nikita Singh, i/b. RES Juris for the
Appellants in all above F.A.
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Mr.Yogesh Pande for the Respondent Nos. 1 to 4 in FA/377/2021,
FA/415/2021, FA/381/2021, FA/408/2021, FAST/8404/2021 and
FA/370/2021.
Mr.K.A.Dhavle for the Respondent Nos. 1 to 6 in FA/349/2022 and for
the Applicants in IA/1330/2023.
CORAM: ABHAY AHUJA, J.
DATE : 18th JULY, 2023
P.C:-
In these group of First Appeals, the appellant insurance company
has challenged the judgments and awards primarily on the ground that
the vehicle insured by the appellant had a mechanical fault and was
parked on the road due to breakdown and was stationary at the time
when the jeep loaded with 25 people including the claimants dashed
against the stationary truck. Also learned counsel would submit that
the vehicle in which the claimants were travelling was beyond the
capacity permitted under law.
2. Mr.Kanojia has drawn the attention of this Court to the statement
of one of the claimants in support of his contention. Learned counsel
would submit that the Tribunal has erred in not considering these
grounds and therefore the appeal needs to be admitted.
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3. Learned counsel for the claimants submits that the appeals need
not be admitted since the submission made on behalf of the appellants
was not pleaded before the Tribunal and also that application for
withdrawal of the amount deposited by the insurance company has
been filed.
4. Having heard learned counsel and having perused the grounds as
well as the impugned judgments, the following order is passed :-
(i) Admit.
(ii) Registry is directed to call for the records and
proceedings within a period of four weeks.
(iii) Let the private paper-book be filed within a period
of four weeks thereafter with the copy to the other side.
(iv) List the appeals for hearing on 21st September,
2023 subject to removal of all office objections and
service to all the parties.
[ABHAY AHUJA, J.]
