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Bombay High Court
The New India Assurance Company Ltd. ... vs Mainabai Wd/O Chaitram Achale And 2 ... on 7 January, 2026
2026:BHC-NAG:256
fa 949-2014 J..doc 1/5
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
FIRST APPEAL NO.949/2014
The New India Assurance Company Limited,
Divisional Office, Bhilai, Presently through it's
Chief Regional Manager, Regional Office,
4th floor, Dr. Ambedkar Bhawan,
M.E.C.L. Premises, Seminary Hills,
Nagpur.
... APPELLANT
...VERSUS...
1. Mainabai wd/o Chaitram Achale,
aged 55 years, Occ. Nil,
2. Somlal s/o Chaitram Achale,
Aged 22 years, Occ. Nil,
Both residents of Bharregaon,
Tah. Deori, Dist. Gondia,
3. Satpalsingh s/o Harasingh Bhatia,
Occ. Owner, R/o Baghnadi,
Tah. And Dist. Rajnandgaon.
(Appeal is dismissed against R.No.3
as per Reg's (J) order dtd.18.02.2014)
(Appeal is restored against R.No.3
as per Court's order dtd.30.07.2014)
(R-3 deleted vide Court's order
dtd.22.06.2016)
...RESPONDENTS
---------------------------------------------------------------------------------------------
Ms Anita Mategaonkar, Advocate for appellant
None for respondents
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CORAM : PRAVIN S. PATIL, J.
DATED : 07.01.2026
fa 949-2014 J..doc 2/5
ORAL JUDGMENT
. Heard.
2. In the present matter, this Court has issued notices to
the claimants but no one appeared on behalf of the claimants
though they are served. Today, also, none appeared for the
respondents. However, considering the facts that this matter is
pending on the file of this Court since 2014, I feel that this matter
can be disposed of finally, hence, I proceed to decide the matter on
merits.
3. By this appeal, the appellant Insurance Company has
assailed the judgment and order passed by the Motor Accident
Claims Tribunal, Gondia, in Claim Petition No.57/2007, decided on
29.07.2011, on the ground that the learned Tribunal has relied
upon the false and fabricated insurance policy produced by the
claimants before them.
4. In short, the facts of the present matter are that on
15.03.2005, the deceased Chaitram was met with an accident. The
dash given by the vehicle was Jeep bearing No.CG-08/ZD-5371.
According to the claimants, the deceased was working as a
Watchman and was earning Rs.20,000/- per month and in addition
to the same, he was doing agricultural work. As such, on the basis
of police case papers whereby it was established that the accident
was occurred and the offending vehicle gave a dash to the
deceased, the claim petition came to be filed before the Motor
Accident Claims Tribunal, Gondia and thereby they sought the
compensation of Rs.1,50,000/-.
5. The present appellant Insurance Company has opposed
the application stating that as per their record, the vehicle was
insured w.e.f. 16.03.2005 whereas accident was occurred on
15.03.2005. Hence, the appellant Insurance Company cannot be
held responsible for the payment of compensation in the matter.
6. Before the Reference Court on behalf of the Tribunal,
only the claimants entered into the witness box and stated that the
accident was occurred and same was proved on the basis of police
case papers. They have obtained certain documents from the
investigating officer and placed on record. The same are First
Information Report, Spot Panchanama, Inquest Panchanama, Death
Certificate and Insurance Policy (Exhibit 32), RC Book, Driving
Licence and Form Comp.AA (Exhibit 35). On the basis of these
documents, it is their submission that the vehicle was duly insured
with the appellant Insurance Company and, therefore, the
compensation can be paid by the appellant Insurance Company to
them.
7. It is seen from the record that no evidence was
recorded on behalf of the Insurance Company though they have
taken a stand that vehicle was not insured on the date of accident.
In absence of evidence available on record, the Tribunal has no
option than to look into the documents that claimants have placed
on record and which were duly executed. Accordingly, on the basis
of said document, learned Tribunal held that offending vehicle as
per documents available on record was insured with appellant
Company.
8. The perusal of the impugned order particularly
paragraph No.6 of the judgment clearly shows that learned Tribunal
has relied upon the Form Comp.AA (Exhibit 35) which indicates
that police authority carried out investigation and found that on the
date of accident, the vehicle was insured with the appellant
Insurance Company. This document is not seriously disputed by the
appellant Insurance Company before the Claims Tribunal. Rather,
the said document was duly exhibited.
9. It is further pertinent to note that the proceedings
before the Claims Tribunal is in the nature of summary proceedings.
The Tribunal is expected to decide the claim petition on the basis of
preponderance of possibility. Accordingly, learned Tribunal on the
basis of documents, which were brought on record, has decided the
matter and accordingly, reached to the conclusion that the vehicle
was insured with the appellant Insurance Company.
10. In the background of above said factual position, I do
not find any illegality or perversity in the findings recorded by the
learned Tribunal in the matter. Hence, I find no merit in the appeal.
The appeal stands dismissed.
11. No order as to the costs.
(PRAVIN S. PATIL, J.)
R.S. Sahare
Signed by: Mrs. Ranjana Sahare
Designation: PA To Honourable Judge
Date: 09/01/2026 17:40:21
