Gujarat High Court
United India Insurance Company Limited vs Bebiben Pravinbhai Valaji Dabhi on 17 September, 2025
NEUTRAL CITATION
C/FA/2964/2012 ORDER DATED: 17/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2964 of 2012
With
CIVIL APPLICATION (FOR ORDERS) NO. 2 of 2012
In R/FIRST APPEAL NO. 2964 of 2012
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UNITED INDIA INSURANCE COMPANY LIMITED
Versus
BEBIBEN PRAVINBHAI VALAJI DABHI & ORS.
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Appearance:
MR VIBHUTI NANAVATI(513) for the Appellant(s) No. 1
MR DIPAK H SINDHI(5710) for the Defendant(s) No. 1
MR.HIREN M MODI(3732) for the Defendant(s) No. 2.1,2.2,2.3,2.4
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CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 17/09/2025
ORAL ORDER
1. The present appeal is filed against the impugned judgment and
award dated 05.05.2012 passed by the learned Motor Accident Claim
Tribunal (Main), Gandhinagar in MACP No.404/2021.
2. Circumstances leading to file the present appeal is that on
28.03.2021 at about 11:00 am in the morning, the deceased-
Pratapbhai Bababhai Vaghri (Chunara) was travelling in Chhakado
Rickshaw bearing No. GJ-18-T-2336 along with vegetables. The said
vehicle was being driven by the driver of the Chhakado in rash and
negligent manner without observing the traffic rules, endangering the
human life and when they reached near Village Zank, owing to the
rash and negligent driving and excessive speed, the driver of the
Chhakado had lost the control over the vehicle and consequently,
met with an accident. In the said accident, Pratapbhai Bababhai
Vaghri (Chunara) succumbed to the injuries. The legal
representatives of Pratapbhai Bababhai Vaghri filed the claim before
NEUTRAL CITATION
C/FA/2964/2012 ORDER DATED: 17/09/2025
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Motor Accident Claims Tribunal. After considering the material on
record, the learned Tribunal awarded a sum of Rs.3,59,000/- along
with interest at the rate of 9% per annum from the date of filing of
claim petition till its realization from all the respondents.
3. Being aggrieved, the insurance company of the Chhakado
Rikshaw has preferred the present appeal on the ground that the
deceased was travelling in a goods vehicle, therefore the insurance
company ought to have been exonerated by the learned Tribunal.
However, the learned tribunal has fastened the liability on the
insurance company. Therefore, the direction of the learned Tribunal
to the insurance company to satisfy the award and thereafter to
recover the same from the owner vehicle is not sustainable.
4. On the other hand, Mr. Hiren M. Modi, learned advocate
appearing on behalf of the original claimant, submitted that there is
no infirmity in the impugned judgment and award. The learned
Tribunal has passed the order in accordance with the ratio of the
judgment of National Insurance Company Limited Vs. Swaran Singh,
reported in 2004 (2) G.L.R 989. He further submitted that the present
appeal is liable to be dismissed.
5. Having considered the submissions of the learned counsel for
both the parties, it is undisputed fact that the deceased was traveling
in Chhakado Rickshaw bearing No.GJ-18-T-2336 along with
vegetables. This fact was not disputed by the parties. The learned
Tribunal after considering the ratio of the judgment rendered by the
Apex Court in the case of Swaran Singh (supra) and directed the
insurance company as under:-
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C/FA/2964/2012 ORDER DATED: 17/09/2025
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"it is directed that opponent No.2 - The United India Insurance Company in
view of the law laid down by the Honourable Apex Court in the case of
National Insurance Company Ltd. V/s. Swaran Singh, 2004 (2) G.L.R. -
989 (SC) : 2004 (3) SCC - 297, National Insurance Company Ltd. V/s.
Baljit Kaur, 2004 ACJ - 428 (S.C.) to satisfy the decree at the first instance
and to recover the awarded amount from the owner purporting that the
amount of compensation shall be paid first and the same shall be
recovered from the owner of the vehicle. For the purpose of such recovery,
it would not be necessary for the insurer to file a separate suit but it may
initiate a proceeding before the executing Court as if the dispute between
the insurer and the the owner was the subject matter of determination
before the Tribunal and the issue is decided against the owner and in
favour of the insurer. The insurance company can directly initiate
proceeding in execution Court under Section 168 of the Motor Vehicles
Act."
6. The aforesaid direction was given by the learned Tribunal after
following the ratios of the judgment of Swaran Singh (supra) and
Baljit Kaur (supra). Thus, in my considered view, the learned Tribunal
has not committed any error in fastening the liability on the insurance
company at the first instance to satisfy the award and thereafter to
recover the same from the owner of the vehicle involved in the
accident. Therefore, the present appeal is devoid of merits and
accordingly, the appeal fails. No order as to costs. The Interim
application, if any, is disposed of accordingly. The claimant is at
liberty to withdraw the full amount lying deposited in the F.D.R. The
amount, if any, lying deposited in the Registry, be remitted to the
concerned learned Tribunal.
(MOOL CHAND TYAGI, J)
HARSHIT
