The Oriental Insurance Co. Ltd. v. Khandu Jayaram Chaudhary And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO.1912 OF 2010 WITH CIVIL APPLICATION NO. 8575 OF 2008 CIVIL APPLICATION NO. 4728 OF 2015 The Oriental Insurance Company Ltd., Branch Dhule. Through its General Manager, Lane No.2, Near Lal Baag Maruti Temple,Dhule 424001.

...Appellant versus 1.

Khandu Jayram Chaudhary, Age: 55 years, R/o. Kumbnhare Lane, Desai Pura, Nandurbar.

2.

Shri. Devindar Singh Mohan Sing, Age: Business, R/o. Golden Punjab Hotel, Dehisar Tq. & Dist. Thane, or 6/5/190, Washi, Navi Mumbai, Dist. Thane.

(R-2 is dismissed as per order dated 01/02/2013).

3.

Shri. Shitaram G. Shirke, Age: Major, Occ: Business, R/o. 7/300, Shiv Kiran Co-op Society, Shivaji Nagar, Worli, Mumbai 400025.

...Respondents

.....

Mr. U.S. Malte , Advocate for appellant.

Mr. N.L. Choudhary, Advocate for respondent No.1. .....

CORAM : N.W. SAMBRE, J.

DATE : 24th APRIL, 2015

-2ORAL ORDER :

Heard Mr. Malte, learned Counsel for the appellant-Insurance Company.

2.

The appellant has questioned the judgment delivered by the Motor Accident Claims Tribunal, Nandurbar in Motor Accident Claim Petition No. 114 of 2004 after recording its finding on the following issues.

(1) Does petitioner prove that they are entitled to claim compensation amount from the opponents?

Yes

(2) Does petitioner prove that the alleged incident took place due to rash and negligent driving of driver?

Yes

(3) Does Insurance Company prove that there is breach of terms and conditions of the policy?

Redundant (3-A) Does insurance company prove the document of policy of insurance produced on record is false, fabricated and bogus?

No

(4) What is the liability of the opponents?

Rs.91,000/-

(5) What order?

Application against opponents Nos. 1 & 2 is partly allowed with proportionate cost.

3.

The findings recorded by the tribunal on the aspect of the

-3defence raised by the present appellant about policy in question, Mr. Malte, learned Counsel for the appellant would urge that the evidence was not properly appreciated by the tribunal.

4.

If we perused the findings recorded by the tribunal to that effect, particularly Point No.3A, the tribunal has recorded that Exhibit-60 shows the date of collection of premium for the policy 04/10/1998 and the period of policy from 05/10/1998 to 05/10/1999. The tribunal further noticed that the certificate-cum-policy schedule at Exhibit-71 was produced on record and the details of policy issued including that of its Office Code, the vehicle registration number, D.O. number were taken into account and has given finding that the said defence was not established by the Insurance Company. The tribunal has also taken into account the evidence of OW-1 Vijay, who has deposed in support of the above referred defence, however, he has failed to state in categorical terms that the certificate of Insurance Company at Exhibit-71 and that of certificate produced at Exhibit-60 was false one.

5.

In my opinion, the Insurance Company has rightly appreciated the said evidence and has rejected the above contentions. 6.

The next contention of Mr. Malte, learned Counsel for the appellant that tribunal given findings that the claimant has suffered 25% disability, however, according to him, the said findings are not supported by any evidence. In my opinion, the tribunal while giving such findings has

-4recorded the nature of injuries suffered by claimant i.e. in his left hip joint and left temporal region. The tribunal has taken into account the evidence which was in documentary form issued by Doctor from Government Hospital and gave finding that there was no reason to disbelieve the certificate given by Doctor from Government Hospital. Under the head of permanent disability, an amount of Rs.25,000/- was awarded. 7.

Having regard to the said findings, which are supported by cogent evidence in the award delivered by the tribunal, in my opinion, no case for interference is made out. As such, the appeal fails, stands dismissed.

8.

Consequently, the civil applications stand disposed of. [ N.W. SAMBRE, J. ] Tupe/24.04.15