Bombay High Court
Reliance General Insurance Co. Ltd., ... vs Ramkrushna S/O Gangaram Valake And ... on 28 August, 2024
Author: M.W. Chandwani
Bench: M.W. Chandwani
2024:BHC-NAG:9831
38.fa.155.23.jud.doc 1/4
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
FIRST APPEAL NO.155 OF 2023
Appellant : : Reliance General Insurance Company Ltd.
(On R.A. Original Respondent
No.2.)
through its Authorized Signatory,
having Office at Ayodhya Building, 1st Floor,
119, Bajaj Nagar Square, Behind Akruit Furniture,
Nagpur.
- Versus -
Respondents : : 1) Ramkrushna s/o Gangaram Valake,
(Original Petitioner No.1)
Aged about 58 years, Occu.: Cultivator
(Original Petitioner No.2) 2) Kantabai w/o Ramkrushna Valake,
Aged about 51 years, Occu.: Cultivator
(Original Petitioner No.3) 3) Pravin s/o Ramkrushna Valke,
Aged about 29 years, Occu.: Labour.
All r/o at Post Ridhora, Th. Katol, Dist. Nagpur.
(Original Resp. No.1)
4) Mr. Ajay P. Thakur,
Aged about Major, Occu. Owner,
R/o H. No.776, Sonba Nagar, Nagpur.
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Mr. H.N. Verma, Advocate for the Appellant.
Mr. K.P. Mirache, Advocate for Respondent Nos.1 to 3.
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CORAM : M.W. CHANDWANI, J.
DATE : 28th AUGUST, 2024.
oral JUDGMENT :
Admit.
02. Permission to add ground in the memo of appeal is granted.
Accordingly, amendments be carried out forthwith.
03. This is an appeal filed under Section 173 of the Motor Vehicles
Act, 1988, against the impugned judgment and award dated 27/01/2020,
whereby the Motor Accident Claims Tribunal, Nagpur (hereinafter referred to
as "Tribunal" for short) directed the appellant and respondent No.4 to pay
jointly and severally, compensation of Rs.10,52,000/- to the respondent Nos.1
to 3 along with interest at the rate of Rs.7.5% per annum from the date of
petition till the realization of the entire amount, on account of death of
deceased-Shubham Ramkrushna Valake in a vehicular accident that occurred
on 03/06/2017.
04. Though various grounds have been raised, the appeal is pressed
mainly on two grounds; firstly, the appellant could not participate in the
proceedings due to negligence on the part of it's Advocate and secondly, a
vehicle bearing Registration No.MH-49-D-5106 was not involved in the
accident.
05. Heard the learned Counsel for the appellant as well as
respondent Nos.1 to 3.
06. Though, I am not impressed much with the ground raised in this
appeal regarding non-participation of the appellant before the Tribunal, but
the fact remains that the claim petition filed by respondent Nos.1 to 3 reveals
involvement of a vehicle bearing Registration No.MH-49-D-5106 at one place
and Registration No.MH-49-D-5160 at another. Even the award depicts the
vehicle number as MH-49-D-5106, rather, the Tribunal held that this vehicle
was involved in the accident, however, the police case papers and the FI.R.
reveal that Vehicle No. MH-49-D-5160 was involved. This fact is not disputed
by respondent Nos.1 to 3. Therefore, the findings of the Tribunal regarding
involvement of vehicle No.MH-49-D-5106 is erroneous. Hence, it requires to
be set aside and the appeal can be disposed of by remanding the matter back
to the Tribunal for deciding the claim petition afresh.
07. In view of this, the following order is passed :
i. The impugned judgment and award dated 27/01/2020 passed by
the Tribunal is set aside.
ii. The matter is remanded back to the Tribunal for deciding the
claim petition afresh.
iii. Respondent Nos. 1 to 3 will be at liberty to amend the claim
petition.
iv. After carrying out amendment in the claim petition, the
appellant-insurer and respondent No.4 will also be at liberty to
file their replies/written statements to the amended petition. The
Tribunal shall decide the claim by giving opportunities of hearing
to both the parties.
v. Since, the matter is an old one, the Tribunal is requested to
dispose of the claim petition as early as possible preferably within
four months from the date of the order.
vi. The parties to appear before the Tribunal on 9th September, 2024.
vii. Record and proceedings be sent back to the Tribunal
viii. The appellant has deposited the entire amount before this Court,
out of which, 50% amount has been permitted to be withdrawn
by respondent Nos.1 to 3, in fact, they have already withdrawn
the said amount.
ix. The Registry is directed to remit the remaining decretal amount
to the Tribunal, which shall be dealt by the Tribunal in terms of
the award to be passed.
x. It is made clear, if the appellant is exonerated from the liability in
the award passed by the Tribunal, respondent Nos. 1 to 3 shall
return the amount of compensation to the appellant with interest
as the Tribunal may deem fit.
xi. The appeal is disposed of in the aforesaid terms with no order as
to costs.
(M.W. CHANDWANI, J.)
*sandesh
Signed by: Mr. Sandesh Waghmare
Designation: PS To Honourable Judge
Date: 02/09/2024 11:39:12
