Shriram General Insurance Company Limited Through Legal Manager Shri. Satpalsing Rajput v. Shri. Pratik Sanjay Minmine And ANR.

8 fast 17860 OF 2016 vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEL (ST) NO.17860 OF 2016 Shriram General Insurance Co.Ltd ...

Appellant.

V/s.

Pratik Sanjay Minmine and anr ...

Respondents Mr. Nikhil Mehta i/by KMC Legal Venture, for the appellant.

Mr. T.J. Mendon, for respondent No.1.

CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 17th JANUARY, 2019.

P.C. :

1] Heard learned counsel for the appellant and respondent No.1 -original claimant.

2] Respondent No.2 is absent though duly served with the notice.

3] The appeal is taken up for final hearing at the stage of admission considering very small issue involved in the matter. 4] The defence raised by the appellant Insurance Company before the Tribunal was that the offending vehicle was used for hire and reward. In view thereof the Tribunal should not have imposed the liability on the appellant Insurance Company. 5] Learned counsel for the appellant points out that the own damage claim of by the insured on the ground that there was breach 1/2

8 fast 17860 OF 2016 of terms and conditions of the policy has been rejected. He has not challenged the same. Here in the appeal also, he has not appeared. In the Tribunal, he had appeared but not led any evidence to show that there was no such breach of the policy.

6] It is submitted that even police papers which include the statement of the occupant of the vehicle as recorded by the police, and which is exhibited before the trial Court, show that the offending vehicle was being used for hire and reward, at the time of accident. 7] In view thereof, it is necessary to direct Insurance Company first to pay the compensation amount to the claimants and recover the same from respondent No.2. Hence the appeal is allowed. The judgment and order passed by the Tribunal is modified to the extent that to the appellant Insurance Company first to pay the amount compensation to the claimants and then is at liberty to recover the amount of compensation from respondent No.2. 8] Appeal stands disposed off in above terms.

[DR.SHALINI PHANSALKAR-JOSHI, J.] 2/2