Gujarat High Court
The New India Assurance Company ... vs Amit Simon Anand on 7 December, 2021
Bench: Hemant M. Prachchhak
C/FA/19/2007 ORDER DATED: 07/12/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 19 of 2007
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THE NEW INDIA ASSURANCE COMPANY LIMITED
Versus
AMIT SIMON ANAND & 2 other(s)
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Appearance:
MR PALAK H THAKKAR(3455) for the Appellant(s) No. 1
for the Defendant(s) No. 2,3
MR BN LIMBACHIA(3454) for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 07/12/2021
ORAL ORDER
1. The present appeal is filed by the Insurance Company
challenging the impugned judgment and award dated
30.11.2005 passed by the Motor Accident Claims Tribunal
(Auxi), Bharuch in MACP No. 56 of 2000.
2. The facts giving rise to the present appeal are as under.
2.1 That at the time of accident original claimant was 22
years and he was studying in Bosco Electronic, Hyderabad. On
21.07.1998 at 10:30 pm when the original claimant was
passing from the opposite side of Durga Wine Shop, at that
time original opponent No.1 was driving the Scooter bearing
registration No. AP-9-J-1825, in rash and negligent manner and
in excessive speed, dashed behind him. As a result of which,
he sustained injury.
3. Heard learned advocates for both the parties.
C/FA/19/2007 ORDER DATED: 07/12/2021
4. Learned advocate for the appellant has submitted that
the Tribunal has not considered the fact that the accident
occurred on 21.08.1998 and the FIR was filed on 14.05.1999
i.e. after almost 9 months. He has submitted that the claimant
has stated in the cross-examination that he became
unconscious after the occurrence of the accident and he did
not know who took him to the hospital and after he regained
consciousness, he informed to the doctor that the injury was
received on account of the accident. He has submitted that the
Tribunal has ignored the affidavit of the insured produced by
the Investigator wherein the insured had stated that the
vehicle was not at all involved in the accident and the claimant
being a class-mate and close friend of his son Sharathababu,
the claimant took away the driving licence and RC book of the
vehicle from the son. He has prayed to allow the appeal.
5. Learned advocate for the respondent- claimant has
supported the impugned judgment and award passed by the
Tribunal and in support of his submission, he has submitted
that the Tribunal has not committed any error in passing the
impugned judgment and award.
6. Considering the earlier order passed by this Court dated
22.01.2020, the present appeal deserves to be allowed. In view
of the observations made by this Court in the above said order
and considering the report submitted by the Principal District
Judge, Bharuch dated 28.01.2020 the amount lying in the FDR
is to be refunded to the Insurance Company along with
accrued interest. The amount which is paid to the claimant is
not to be recovered, considering the facts that as the accident
C/FA/19/2007 ORDER DATED: 07/12/2021
took place in the year 1998 and claim petition came to be filed
in the year 2000. Therefore, after 20 years, it is very difficult to
recover the amount which is paid to the claimant. The Tribunal
is directed to refund the amount which is lying in the FDR
along with interest accrued thereon to the Insurance Company
i.e. appellant within a period of fifteen days from the date of
receipt of this order.
7. In view of above, the present appeal is disposed of. No
order as to costs. Registry is directed to communicate this
order to the concerned Tribunal forthwith.
(HEMANT M. PRACHCHHAK,J)
SALIM/
