United India Insurance Company ... vs Rajendrabhai Mohanlal Bakre
2021 Latest Caselaw 17918 Guj

     C/FA/3712/2009                               JUDGMENT DATED: 30/11/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/FIRST APPEAL NO. 3712 of 2009


FOR APPROVAL AND SIGNATURE: Sd/-


HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

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1    Whether Reporters of Local Papers may be allowed                   No
     to see the judgment ?

2    To be referred to the Reporter or not ?                            No

3    Whether their Lordships wish to see the fair copy                  No
     of the judgment ?

4    Whether this case involves a substantial question                  No
     of law as to the interpretation of the Constitution
     of India or any order made thereunder ?

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                UNITED INDIA INSURANCE COMPANY LIMITED
                                 Versus
                RAJENDRABHAI MOHANLAL BAKRE & 5 other(s)
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Appearance:
MR VIBHUTI NANAVATI(513) for the Appellant(s) No. 1
DS AFF.NOT FILED (R)(71) for the Defendant(s) No. 4,5
MR KASHYAP R JOSHI(2133) for the Defendant(s) No. 6
RULE SERVED(64) for the Defendant(s) No. 1,2,3
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    CORAM:HONOURABLE MR. JUSTICE HEMANT M.
          PRACHCHHAK

                              Date : 30/11/2021

                             ORAL JUDGMENT

1. This appeal is preferred by the appellant - Insurance Company challenging the impugned judgment and award dated 15.06.2009 passed in M.A.C.P. No.632 of 1996 by the Motor

C/FA/3712/2009 JUDGMENT DATED: 30/11/2021

Accident Claims Tribunal (Aux.), Surat (hereinafter referred to as "the Act").

2. The facts of the present case, in nutshell, are that on 08.01.1996, when the claimant was going to his house on his motorcycle bearing registration No.GJ-5-Q-8730, at that time, the ambassador car bearing registration No.GJ-16-T-1300, which was driving by the driver in rash and negligent manner dashed behind the motorcycle of the claimant and thereupon the claimant dashed with the truck bearing registration No.GJ-16-T- 7637 coming from the opposite side, due to which the claimant sustained serious injury. The claimant has preferred claim petition being M.A.C.P. No.632 of 1996 before the Tribunal, which came to be partly allowed and awarded compensation of Rs.3,70,080/- as against the claim of Rs.7,00,000/-.

3. The dispute raised in the present appeal is in narrow compass. That the appellant is challenging negligency and not challenging towards the quantum of compensation awarded by the Tribunal.

4. I have heard Mr.Vibhuti Nanavati, learned counsel for the appellant - Insurance Company and Mr.Kashyap Joshi, learned counsel for respondents No.4 and 5. Though served, nobody appears on behalf of respondent No.1 to 3.

5. Learned counsel for the appellant has submitted that the Tribunal has, while coming to the conclusion, considered the contradictory negligency to 70% of the present appellant and 30% of the driver, owner and Insurance Company of the ambassador car.

C/FA/3712/2009 JUDGMENT DATED: 30/11/2021

6. It is relevant to note hereinafter that considering the record and proceedings and more particularly panchnama of scene of accident and without examining the driver, the appellant - Insurance Company cannot take shelter that their negligency is less than 70%. Considering the affidavit of the claimant at Exhibit 32 and in absence of other relevant materials, this Court has not considered the contentions raised by the learned counsel for the appellant. Therefore, the appeal fails and no interference is called for in the findings recorded by the Tribunal.

7. In view of the above, the appeal fails and it is accordingly dismissed. Notice is discharged. Registry is directed to send back the record and proceedings to the concerned Tribunal forthwith.

Sd/-

(HEMANT M. PRACHCHHAK,J) V.R. PANCHAL