Gujarat High Court
Icici Lombard General Insurance ... vs Subedar Baijnath Yadav on 14 September, 2023
Bench: Ilesh J. Vora
NEUTRAL CITATION
C/FA/2221/2009 ORDER DATED: 14/09/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2221 of 2009
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ICICI LOMBARD GENERAL INSURANCE CO LTD
Versus
SUBEDAR BAIJNATH YADAV & 7 other(s)
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Appearance:
MR VIBHUTI NANAVATI(513) for the Appellant(s) No. 1
DELETED for the Defendant(s) No. 1
MR MTM HAKIM(1190) for the Defendant(s) No. 4,5,6,7,8
RULE SERVED for the Defendant(s) No. 3
SERVED BY RPAD (R) for the Defendant(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 14/09/2023
ORAL ORDER
1. Being dissatisfied with the fastening of the liability, present
appeal has been preferred by the ICICI Lombard General
Insurance Company under Section 173 of the Motor
Vehicle Act.
2. In a fatal accident, deceased Natvarsinh @ Pradipsinh
Parmar lost his life. The respondent being a legal heirs of
the deceased had filed a claim petition (No.1608 of 2007)
before the Tribunal at Vadodara. The claim petition was
filed under no fault liability i.e. Section 163(A) of the Motor
Vehicle Act. On the day of accident dated 23.09.2007,
deceased being a pillion on the bike sustained fatal injuries
and died on the spot. Due to collusion with the bike and
container/trailer, the alleged accident occurred at the
place mentioned in the papers. The Tribunal vide its
judgment and award dated 13.02.2009, on the basis of
structured formula, awarded a sum of Rs.3,55,100/- with
interest at the rate of 7.5% per annum. The appellant -
NEUTRAL CITATION
C/FA/2221/2009 ORDER DATED: 14/09/2023
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Insurance Company, had raised the issue of negligence.
However, considering the object of Section 163(A) of the
Act, the Tribunal did not consider the issue of negligence
as raised and accordingly, the award was passed.
3. Being dissatisfied with the observations recorded by the
Tribunal for not considering the issue of negligence,
present appeal has been preferred by the Insurance
Company of the trailer.
4. This Court has heard learned counsels Mr.Vibhuti
Nanavati and Mr.M.T.M. Hakim for the respective parties.
5. In the case of United India Insurance Company Vs. Sunil
Kumar (2019 SCC (12) 398), three Judges Bench of the
Apex Court, on a reference on the question of law whether
in a claim proceedings under Section 163(A) of the Act, it is
open for the insurer to raise the defence/plea of
negligence. The Apex Court, after considering the relevant
provisions and earlier pronouncement on the issue held
that in a proceedings under Section 163(A) of the Act, it is
not open for the insure to raise any defence for negligence
on the part of victim.
6. In light of the authoritative pronouncement and
considering the peculiar facts and circumstances of the
present case, this Court is of the considered view that the
learned Tribunal has rightly fastened the liability of the
appellant - Insurance Company and considering the object
of the legislature in enacting Section 163(A) of the Act, no
need to decide and/or determine the issue of negligence in
the petition filed under Section 163(A) of the Act.
7. In view of the law laid down by the Apex Court, the present
NEUTRAL CITATION
C/FA/2221/2009 ORDER DATED: 14/09/2023
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appeal is dismissed, being devoid of any merits. The award
passed by the learned Tribunal is upheld. Decree be drawn
accordingly.
(ILESH J. VORA,J)
Rakesh
