Gujarat High Court
The United India Insurance Company Ltd vs Rameshbhai Vajabhai Bhanderi on 11 September, 2024
NEUTRAL CITATION
C/FA/976/2022 ORDER DATED: 11/09/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 976 of 2022
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THE UNITED INDIA INSURANCE COMPANY LTD
Versus
RAMESHBHAI VAJABHAI BHANDERI & ORS.
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Appearance:
MR MAULIK J SHELAT(2500) for the Appellant(s) No. 1
MR YOGESHKUMAR A RATANPARA(7260) for the Defendant(s) No. 1
NOTICE SERVED for the Defendant(s) No. 2,3.3,3.4
NOTICE UNSERVED for the Defendant(s) No. 3.1,3.2
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 11/09/2024
ORAL ORDER
1. The present First Appeal, under Section 173 of Motor
Vehicles Act, 1988, is preferred by the appellant-insurance
company, being aggrieved and dissatisfied with the judgment
and award dated 12.10.2021 passed by the Motor Accident
Claims Tribunal (Aux.), Visavadar in Motor Accident Claim
Petition No. 224 of 2017 by which the Tribunal has awarded
compensation of Rs.1,93,768/- with 7% per annum interest to
the claimant/s, holding opponents nos.1 to 3, liable jointly
and severally.
2. Brief facts of the case are as under:
2.1 The claimants filed the claim petition stating that on
21.6.2013, the applicant-claimant was proceeding by walking
on the side of the road and at about 7.30 o' clock in the
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C/FA/976/2022 ORDER DATED: 11/09/2024
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morning from Visavadar to his farm, at that time, opponent
no.1 i.e. driver of motorcycle no.GJ.11SS.499 was driving
rashly and negligently and dashed with the applicant and
caused the accident wherein the applicant-claimant sustained
injuries and therefore the claimant filed the claim petition
claiming compensation.
2.2 Notices were served to the opponents. Opponent no.3
filed the written statement denying the contents of the claim
petition. The Tribunal has framed the issues. The oral as
well as documentary evidence were led by the rival parties
before the Tribunal. After considering the documentary as
well as oral evidence and submissions made at the bar, the
Tribunal has partly allowed the claim petition by awarding
compensation as noted above.
2.3 Being aggrieved and dissatisfied with the impugned
judgment and award passed by the Tribunal, the present
appeal is preferred by the appellant-insurance company.
3. Learned advocate for the appellant-insurance company
has assailed the impugned judgment and award mainly on
the ground that learned Tribunal has erroneously observed
that the insurance company has failed to submit legal
evidence to prove its legal defence that driver of motorcycle
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C/FA/976/2022 ORDER DATED: 11/09/2024
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was not possessing driving licence on date of accident. It is
submitted that insurance company has submitted Form No.54
(Exh.52) which shows no details of driving licence, even the
applicant Exh.80 was filed to call upon investigating officer
as well as RTO to prove factum of driving licence but same
was rejected; that even the driver and owner have not come
forward to place on record a copy of driving licence. He,
therefore, submitted that considering all these facts, the
matter may be remanded back to learned Tribunal to allow
parties to lead their evidence to prove its defence.
4. He drew the attention to the order passed by this
Court on 29.3.2022 at the time of issuing notice, which reads
as under:
"xxxxxx Therefore, on one hand rejecting the application to
examine that police officer to prove that driver did not
possess the valid driving licence and on the other hand,
rejection of the said application on the ground that papers
of criminal case are already produced and exhibited is
incongruous. Xxxxx"
5. Learned advocate for the claimants is unable to
controvert the above said factual aspect of the matter and
requested to pass appropriate order in the interest of justice.
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C/FA/976/2022 ORDER DATED: 11/09/2024
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6. Thus, in view of the above stated facts and order dated
29.3.2022, matter is required to be remanded back to be
considered afresh after giving opportunity to the parties to
lead evidence to prove the legal defence of insurance
company.
7. In view of the above, the following order is passed
7.1 The present appeal is disposed of by quashing and
setting aside the impugned judgment and award dated dated
12.10.2021 passed by the Motor Accident Claims Tribunal
(Aux.), Visavadar in Motor Accident Claim Petition No. 224
of 2017 and the matter is remanded back to the learned
Tribunal to decide the claim petition afresh after giving
opportunity to the parties to lead their evidence to prove the
legal defence of insurance company in relation to driving
licence of driver of motorcycle. The same be decided on or
before 31.1.2025.
7.2 The amount lying in FDR be renewed till the final
outcome of the claim petition.
7.3 Record and proceedings be sent back to the learned
Tribunal forthwith.
(SANDEEP N. BHATT,J)
SRILATHA
