United India Insurance Companylimited vs Manbai Ramji Maheshwari
2025 Latest Caselaw 1707 Guj

Gujarat High Court

United India Insurance Companylimited vs Manbai Ramji Maheshwari on 8 January, 2025

                                                                                                                NEUTRAL CITATION




                              C/FA/2204/2007                                    ORDER DATED: 08/01/2025

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                                 R/FIRST APPEAL NO. 2204 of 2007
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                                         UNITED INDIA INSURANCE COMPANYLIMITED
                                                          Versus
                                             MANBAI RAMJI MAHESHWARI & ORS.
                       ==========================================================
                       Appearance:
                       MR GC MAZMUDAR(1193) for the Appellant(s) No. 1
                       MR HARSHAD K PATEL(2844) for the Defendant(s) No. 1,2,3,4,5,6,7,8
                       NOTICE ISSUED BY GOVT. GAZETTE for the Defendant(s) No. 10,9
                       ==========================================================

                         CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                            Date : 08/01/2025

                                                             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 30.09.2006 passed by the Motor Accident Claims Tribunal, Gandhidham - Kutch in Motor Accident Claim Petition No.1 of 2001.

2. The appeal is filed on the ground that learned Tribunal erred in passing order of pay and recover after considering the fact that deceased was travelling on the loader at the time of road accident, which breaches terms and conditions of the policy. It is also submitted that learned Tribunal has no jurisdiction to pass order of pay and recover yet, learned Tribunal erred in directing insurance company to pay and recover the same from the driver and owner of the vehicle.

                                                                                                             NEUTRAL CITATION




                                C/FA/2204/2007                              ORDER DATED: 08/01/2025

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                       3.        The issue is no more res-integra         in view of judgment of

Hon'ble Apex Court in the case of Shamanna v. Oriental Insurance Co. Ltd., (2018) 9 SCC 650 and Shivaraj V/s Rajendra and another reported in 2018 ACJ 2755.

4. In the present case, learned Tribunal accepted argument of Insurance Company that deceased was travelling on the loader at the time of road accident and therefore, exonerated Insurance Company. However, since claimant was third party, learned Tribunal passed order that Insurance Company at first instance shall pay the amount of compensation and recover the same from the driver and owner of offending vehicle.

5. In view of above, I see no reason in the anomaly in the order passed by the learned Tribunal. The learned Tribunal has rightly believed that deceased was third party and claimants are asking for passing of third party, cannot be made sufferer on the technical breach of terms and conditions of the policy. Order of pay and recover passed by the learned Tribunal is maintained.

6. In wake of above reasons, the appeal sans merits and accordingly, it is dismissed. Record and proceedings be sent back to the concerned Tribunal, forthwith.

(J. C. DOSHI,J) SATISH