The Oriental Insurance Co Ltd vs Jashiben Kantilal Raval
2023 Latest Caselaw 7123 Guj

                                                                                     NEUTRAL CITATION




     C/FA/793/2010                                 JUDGMENT DATED: 27/09/2023

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            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/FIRST APPEAL NO. 793 of 2010


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE ILESH J. VORA
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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 ?

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                      THE ORIENTAL INSURANCE CO LTD
                                  Versus
                     JASHIBEN KANTILAL RAVAL & 2 other(s)
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Appearance:
MR VIBHUTI NANAVATI(513) for the Appellant(s) No. 1
MR KURVEN DESAI, ASST.GOVERNMENT PLEADER for the Defendant(s)
No. 3
MR AG JOSHI(365) for the Defendant(s) No. 2
NOTICE SERVED for the Defendant(s) No. 1
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    CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA

                               Date : 27/09/2023

                              ORAL JUDGMENT

1. This appeal is filed under section 173 of the Motor Vehicles Act, 1988 by the Oriental Insurance Company Limited assailing the judgment and award passed below Exh.6 ( for interim relief) under section 140 of the Act, in MACP No.1132 of 2006

NEUTRAL CITATION

C/FA/793/2010 JUDGMENT DATED: 27/09/2023

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passed by the Claim Tribunal at Ahmedabad.

2. This Court has heard learned counsel Mr.Vibhuti Nanavati, learned AGP Mr.Kurven Desai.

3. The respondent original claimant Jasiben Raval sustained injuries in a road accident allegedly caused by vehicle bearing registration No.GJ-18-AA-5532. She had filed Claim Petition, joining the owner, Insurance Company of the involved vehicle. Before the claim Tribunal, the copy of the complaint, medical evidence, showing the factum of injuries resulting into permanent partial disablement and other papers were submitted. The respondent claimant had also filed an application Exh.6 for interim compensation of Rs.25,000/- as provided under section 140 of the Motor Vehicles Act. The Tribunal vide its order dated 24.06.2009, allowing the application filed under section 140, directed the appellant to pay the said amount with interest at the rate of 8%.

4. Aggrieved with the said order, the Insurance Company is before this Court.

5. Mr. Vibhuti Nanavati, has submitted that the respondent claimant did not receive injuries out of use of motor vehicle and as per the investigation, she fell from the staircase of her house and in order to get the compensation the fabricated and false case of accident, with the collusion of the owner of the vehicle was being filed and claim the compensation by filing petition as referred above.

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6. In such circumstances, learned counsel Mr. Vibhuti Nanavati, submitted that the learned Tribunal failed to appreciate that the involvement of vehicle is not established and, therefore, the ingredients as provided under section 140 of the Act are not satisfied and in that view of the matter, the impugned order granting interim relief is not sustainable in law and requires to be set aside.

7. Having heard the learned counsel for the respective parties, and on perusal of the material placed on record it appears that an order passed under section 140 of the Motor Vehicles Act, is under challenge in this appeal. Section 140 (1) of the Act, clearly states that where the death or permanent disablement of any person has resulted from an accident arising out of use of motor vehicle or motor vehicles, the owner of the vehicle shall or as the case may be, the owners of the vehicles jointly and severally be liable to pay compensation in respect of such death or disablement in accordance with the provisions of this section Section 140(4) of the Act, states that a claim for compensation under sub-section (1) shall not be defeated by reason of any wrongful act, neglect or default of the person in respect of whose death or permanent disablement, the claim has been made.

8. The aforesaid statutory provision provides that the primary liability is on the owner of the vehicle. The legislature wisely has not referred the liability of the insurance company. Thus, at the stage of passing the order under section 140, the insurance

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company cannot challenge the order as the company has to indemnify the amount for and on behalf of the insured i.e. owner of the vehicle. So on this count, the order under challenge does not require any interference.

9. On factual aspect, it is the contention that the involvement of the vehicle is suspicious. On this aspect, this Court is of the view that the dispute about the non-involvement of the vehicle can be considered at the time of trial, so at the stage of granting interim relief, the complaint, and medical evidence are sufficient to grant the interim relief.

10.I am told that the main claim petition has already been withdrawn by the respondent claimant.

11.For the reasons recorded, the learned Tribunal while awarding interim relief has not committed any error of law and this Court does not find any infirmity or perversity in the impugned order. As a result, the appeal fails and accordingly it is dismissed.

(ILESH J. VORA,J) SUDHIR