Bombay High Court
Bajaj Allianz General Insurance Co. ... vs Kalpana W/O Shrikant Deshmukh And ... on 30 August, 2024
Author: M. W. Chandwani
Bench: M. W. Chandwani
2024:BHC-NAG:9790
1 43-fa-85-2023j.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
FIRST APPEAL NO. 85 OF 2023
Bajaj Allianz General Insurance Co. Ltd.,
Regional Office at 7th Floor, Shriram Shyam
Towers, C/Block No. 63, Kingsway, Sadar,
Nagpur.
Having its Branch Office at Amravati,
Through its Manager (Legal),
Shreshtha Biswas. . . . APPELLANT
// V E R S U S //
1. Kalpana W/o. Shrikant Deshmukh,
Aged about 50 years, Occ. Household,
R/o. Kamal Colony, Near Sakha
Mangalam, Yeshoda Nagar, Old by Pass,
Amravati
At present :- E-1 Apartment, Flat No. E-24
Vision City, Gat No. 47/3, Kanchanwadi,
Paithan Road, Aurangabad,
Dist. Aurangabad.
2. Shrikant S/o. Prabhakarrao Deshmukh,
Aged about 56 years, Occ. Service,
R/o. Kamal Colony, Near Sakha
Mangalam, Yeshoda Nagar, Old Bypass
Amravati.
At present:- E1 Apratment, Flat No. E-24,
Vision City, Gat No. 47/3, Kanchanwadi,
Paithan Road, Aurangabad,
Dist. Aurangabad.
3. Saluddin S/o. Bakhshuddin Sayyed,
Aged about Major, Occ. Business,
(Owner of Yamaha GZS-FI Motorcycle
Bearing Regn. No. MH-12/LU-6852),
R/o. Genu Dagade Chawl, Bhunde Vasti,
Bavdhan, Pune-411021. . . . RESPONDENTS
2 43-fa-85-2023j.odt
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Ms. Ashwini Athalye, Advocate for appellant.
Shri V. A. Kothale, Advocate for respondent nos. 1 and 2.
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CORAM :- M. W. CHANDWANI, J.
DATED :- 26.08.2024
ORAL JUDGMENT :-
Heard the learned counsel for the appellate and learned
counsel for respondent nos. 1 and 2.
2. The impugned order is passed by the Motor Accident
Claims Tribunal, Amravati on 21.01.2019 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. 127/2017, thereby awarding interim compensation of
Rs.50,000/ towards no fault liability to the respondent nos.1 and 2,
the claimants.
3. The said order is questioned by the appellant - Insurance
Company on the ground that the policy in question, is a Basic Third
Party policy and rider of the vehicle is not a third party and by no
stretch of imagination, can termed to be covered under the policy.
3 43-fa-85-2023j.odt
4. 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
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 and 2 supported the impugned order.
5. 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.
6. 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 43-fa-85-2023j.odt
7. 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,
Amravati 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 14:59:14
