United India Insurance Co Ltd vs Bhurabhai Bhagota Kashyap
2021 Latest Caselaw 5629 Guj

     C/FA/810/2012                              JUDGMENT DATED: 08/06/2021




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/FIRST APPEAL NO. 810 of 2012

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE A.C. RAO
=============================================

1    Whether Reporters of Local Papers may be allowed
     to see the judgment ?

2    To be referred to the Reporter or not ?

3    Whether their Lordships wish to see the fair copy
     of the judgment ?

4    Whether this case involves a substantial question
     of law as to the interpretation of the Constitution
     of India or any order made thereunder ?

=============================================
                    UNITED INDIA INSURANCE CO LTD
                                Versus
                BHURABHAI BHAGOTA KASHYAP & 2 other(s)
=============================================
Appearance:
MR VC THOMAS(5476) for the Appellant(s) No. 1
MR.HIREN M MODI(3732) for the Defendant(s) No. 1,2
RULE SERVED(64) for the Defendant(s) No. 3
=============================================

    CORAM:HONOURABLE MR. JUSTICE A.C. RAO

                            Date : 08/06/2021

                            ORAL JUDGMENT

1. This is an Appeal at the instance of the appellant - United

India Insurance Company Ltd. under Section 173 read with

Section 163-A of the Motor Vehicles Act, 1988 (for short "the

M.V. Act") challenging the judgment and award dated 16th

January, 2012 passed by the Motor Accident Claims Tribunal

C/FA/810/2012 JUDGMENT DATED: 08/06/2021

(Main) (for short "the Tribunal"), at Valsad in Motor Accident

Claims Petition No.155 of 2007.

2. The brief facts leading to the present appeal are that, on

29.03.2007, at around 21.30 hrs., the deceased Ranjan (son of

the respondent Nos.1 & 2 - original claimants Nos.1 & 2) was

going on his bicycle on the open road before Selvas

Tokarkhada Telephone Exchange. At that time, the respondent

No.3 - original opponent No.1 came in a rash and negligent

manner driving his Hero Honda Motor-cycle No.DN-09-D-5667

with excessive speed and dashed the Motor-cycle with the

deceased Ranjan. As a result, the deceased Ranjan sustained

grievous injuries and succumbed to the injuries. At the time of

accident, he was aged only about 18 years and was working as

an electrician at Selvas in the shop of Krupa Electronics and

was earning Ra.3,000/- per month. He was the only bread

earner of the family and due to his accidental death, the

respondent Nos.1 and 2 had to suffer a huge loss. The

respondent No.3 herein is the driver-cum-owner of the vehicle

in question and the appellant herein is the Insurance Company.

Hence, the respondent Nos.1 and 2 herein - original claimants

Nos.1 and 2 had claimed Rs.4,17,500/- by way of

compensation under different heads.

C/FA/810/2012 JUDGMENT DATED: 08/06/2021

3. The Tribunal by the impugned judgment and award

awarded compensation of Rs.2,12,500/- alongwith

proportionate costs and interest @ 7.5% p.a. from filing the

claim petition till realization and directed the respondents to

pay the compensation jointly and severally.

4. At the time of arguments, Mr.V.C. Thomas, the learned

advocate appearing on behalf of the appellant - Insurance

Company has contended that the Apex Court had already

referred the question of law with respect to the principle

involved in "pay and recover" and the order passed by the

Tribunal directing the Insurance Company to first pay the

compensation to the claimants and then recover the same

from the driver-cum-owner of the vehicle is not proper.

5. On the other hand, Mr.Hiren Modi, the learned advocate

appearing on behalf of the respondent Nos.1 and 2 - original

claimants Nos.1 and 2, has contended that there are plethora

of judgments wherein such type of judgments are passed.

Though served, the respondent No.3 - Driver-Cum-Owner

of the vehicle, has chosen not to appear before this Court and

resisted this appeal filed by the insurance company.

6. Heard learned advocates for the respective parties

C/FA/810/2012 JUDGMENT DATED: 08/06/2021

through video conferencing.

7. After considering rival submissions and considering the

latest judgment of the Apex court in the case of National

Insurance Company vs. Swaran Singh reported in 2004

ACJ page 1, I am of the view that the order passed by the

Tribunal is correct and does not require any interference.

8. In the result, the present Appeal is disposed of in limine.

R & P be remitted back to the concerned Tribunal forthwith.

(A. C. RAO, J)

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