Gujarat High Court
Chaudhary Naynaben Wd/O ... vs Icici Lombard General Insurance ... on 26 July, 2022
Bench: Gita Gopi
C/SCA/14049/2022 ORDER DATED: 26/07/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 14049 of 2022
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CHAUDHARY NAYNABEN WD/O DEVJIBHAI MANSINGBHAI
Versus
ICICI LOMBARD GENERAL INSURANCE CO. LTD.
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Appearance:
MR AV PRAJAPATI(672) for the Petitioner(s) No. 1,2,3,4
for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 26/07/2022
ORAL ORDER
1. The present petition has been preferred for
quashing and setting aside the order dated 24.01.2022 passed
below Exh. 13 application in M.A.C.P. No.77 of 2015 by the 3 rd
Motor Accident Claim Tribunal (Auxi.), Mehsana at Visnagar.
2. Mr. A.V. Prajapati, learned advocate for the
petitioners submitted that, the learned Tribunal was pleased
to allow the application of opponent no.2 - ICICI Lombard
General Insurance Co. Ltd. below Exh.13, and the Insurance
Company was ordered to be deleted as party opponent and
order was made to carry out necessary amendment.
3. Mr. Prajapati submitted that the deceased was
serving as a driver of the involved car at the time of accident
C/SCA/14049/2022 ORDER DATED: 26/07/2022
and he was paid driver of the owner, and over and above
cover premium of additional charge of Rs.500/- for PA, Rs.50/-
towards legal liability of the driver were paid. Mr. Prajapati
stated that there was no question of suppressing any material
facts since the deceased himself was a driver of the vehicle.
He submits that the learned Tribunal ought to have provided
opportunity to the claimants to prove their case and has
erroneously allowed the application by the Insurance
Company to be deleted from the cause title. He submits that
the issue is also covered by judgment of Valiben
Laxmanbhai Thakore (Koli) Wd/o Late Laxmanbhai
Ramsingbhai Thakore (Koli) Vs. Kandla Dock Labour
Board, reported in 2021 (4) GLH 77, where it has been held
that, on payment of additional premium - indemnity clause in
insurance policy, by accepting additional premium, Insurance
Company indemnifies owners for paid driver and/or conductor
and risk of driver / conductor is covered, even if, there is sole
negligence of the driver concerned.
4. This Court by relying on the proposition of Valiben
Laxmanbhai Thakore (supra) and the fact that the Insurance
company has accepted additional charge for P.A. as well as
charge for legal liabilities of the driver is required to hold that
C/SCA/14049/2022 ORDER DATED: 26/07/2022
the Insurance Company is a proper and necessary party for
the proceedings; the learned Tribunal erred in deleting the
Insurance Company as party opponent.
5. This Court does not deem it necessary to even
issue notice to the Insurance Company for hearing of this
matter and considers to set aside the order dated 24.01.2022
passed below Exh.13 application in M.A.C.P. No.77 of 2015 by
the 3rd Motor Accident Claim Tribunal (Auxi.), Mehsana at
Visnagar, since the claimant is required to be provided
sufficient opportunity to place his case and adduce evidence
and once the Insurance Company gets deleted from the cause
title, and in case when the claimants prove the liability of the
Insurance Company for payment of compensation, the
Tribunal would face a situation, where with the erroneous
reasoning of the Tribunal, a contrary observation would have
to be made. The deletion of the Insurance Company midway of
the trial would even create trouble for the claimants since
they may be in a position to prove the case, but the said order/
judgment would not have any bearing since the liability, if
prove, would be placed in absence of the Insurance Company.
6. Thus, considering the reasons and grounds raised
in the petition and as argued by Advocate Mr. Prajapati and to
C/SCA/14049/2022 ORDER DATED: 26/07/2022
the reasons recorded hereinabove, the order dated
24.01.2022 passed below Exh.13 in M.A.C.P. No.77 of 2015 by
the 3rd Motor Accident Claim Tribunal (Auxi.), Mehsana at
Visnagar is quashed and set aside. The application is allowed.
7. In case, the Insurance Company is deleted from the
cause title, let them be added again as opponent no.2 and the
matter be proceeded in accordance with law.
(GITA GOPI, J.)
Pankaj
