Bombay High Court
S.B.I. General Insurance Co. Ltd., ... vs Smt. Reshma Parvin Siddiqui Wd/O Safir @ ... on 30 August, 2024
Author: M. W. Chandwani
Bench: M. W. Chandwani
2024:BHC-NAG:9801
1 fa-550-23j.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
FIRST APPEAL NO. 550 OF 2023
The S.B.I. General Insurance Company Ltd.
148, 3rd Floor, Above S.B.I. Personal Banking
Branch, Thapar Enclave, Maharajbaug Road,
Nagpur, Dist. Nagpur (MS). . . . APPELLANT
// V E R S U S //
1. Smt. Reshma Parvin Siddiqui Wd/o.
Safir @ Shafir Ahamad Saddiquie,
Aged 45 years, occ. House-hold lady,
2. Mohammad Anwar Raza S/o. Shafir
Ahamad Hussain,
Aged about 26 years, Occ. Education,
3. Farhin Fatma D/o. Shafir Ahamad
Hussain, Aged 21 years, Occ. Education
(All R/o. Ward No. 2, Cement Nagar,
Nakoda, Tq and Dist. Chandrapur)
4. Mohd. Arshad Emtiyaz Ahamad,
Aged 35 years, Occ. Driver,
R/o. Behind Bobade Mangal Karyalaya,
Ward No. 3, Ghuggus,
Tq. Dist. Chandrapur. . . . RESPONDENTS
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Mrs. Mrunal Naik, Advocate for appellant.
Shri R. M. Thaliyani, Advocate a/w. Ms. Ragini K. Swami, Advocate for
respondent nos. 1 to 3.
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CORAM :- M. W. CHANDWANI, J.
CLOSED ON :- 19.07.2024
PRONOUNCED ON :- 30.08.2024
2 fa-550-23j.odt
ORAL JUDGMENT :-
Heard.
2. Admit. Heard finally by consent of the learned counsel for
the parties.
3. The impugned order is passed by the Motor Accident
Claims Tribunal, Chandrapur on 16.07.2020 below the Application
(Exh.5) for grant of compensation under Section 140 of the Motor
Vehicles Act, 1988 (for short, "the Act") in Motor Accident Claims
Petition No. 100/2015, thereby awarding interim compensation of
Rs.50,000/ towards no fault liability to the respondent nos.1 to 3, the
claimants.
4. The said order is questioned by the appellant - Insurance
Company on the ground that the deceased, whose is husband of the
owner of the car, was an occupant of the car therefore, he was not a
third party and by no stretch of imagination, can termed to be covered
under the policy.
5. According the learned counsel for the appellant, the
Supreme Court has observed that pursuant to the provisions of Section
140 of the Act, interim compensation can be awarded in exercise of
3 fa-550-23j.odt
powers under Section 168 of the Act, while awarding such
compensation the liability of the Insurance Company needs to be
appreciated which liability cannot be treated at par with that of the
vehicle owner or the driver of the vehicle. According to her, the award
of interim compensation is not sustainable. Per contra, the learned
Counsel for respondent nos.1 to 3 supported the impugned order.
6. Upon appreciation of rival submissions, it is required to
be noted that the policy speaks of the Comprehensive Liability and
personal accident cover for Owner-Driver of Rs.2,00,000/- and for
passengers of Rs.50,000/-. The claim of the Insurance Company that it
is not liable under the said policy, at this stage need not to be gone
into, as prima facie it could be noticed that the liability to pay
compensation under the no fault liability clause can very well be read
from the insurance cover.
7. Apart from the above, appropriate orders in case if the
Claim Petition fails, can be passed taking care of the interest of the
appellant -Insurance Company at an appropriate stage. The liability of
the Insurance Company whether to pay the compensation or not, can
be gone into only upon appreciation of the evidence at an appropriate
stage of the claim petition.
4 fa-550-23j.odt
8. That being so, I hardly noticed any substance in the
appeal. As such, the appeal fails. Hence, the following order is
passed:-
i) The appeal is dismissed.
ii) The amount, which is deposited in this Court by the
appellant, be remitted back to the Motor Accident Claims Tribunal,
Chandrapur alongwith accrued interest, if any, with further directions
to the appellant to deposit the remaining amount with the Tribunal
within four weeks from today.
iii) The Tribunal will be at liberty to permit withdrawal of the
said amount by the claimants, by imposing such conditions as it deems
fit, in the facts and circumstances of the case.
(M. W. CHANDWANI, J.)
RR Jaiswal
Signed by: Mr. Rajnesh Jaiswal
Designation: PA To Honourable Judge
Date: 31/08/2024 15:20:34
