Sbi General Insurance Co Ltd v. Lalan Rama Jalmi And 2 ORS

2026:BHC-GOA:392 FA 8 2026 Sonam

IN THE HIGH COURT OF BOMBAY AT GOA

FIRST APPEAL NO.8 OF 2026 SBI GENERAL INSURANCE CO LTD ... APPELLANT

Versus

LALAN RAMA JALMI AND 2 ORS ... RESPONDENTS Mr. Adil Anil Mhalnekar (through V.C.), Advocate for the Appellant. Mr. Laxman Pednekar, Advocate for the Respondents CORAM:- VALMIKI MENEZES, J.

DATED :- 6th March, 2026 P.C.:

1. Registry to waive office objections and register the matter.

2. Admit.

3. Heard learned Advocates for the parties.

4. It is an admitted position that the Appellant was never served with the notice of the Claim Petition, and the matter proceeded ex-parte against the Appellant, without hearing him. The Appellant is a insurer of the vehicle of Respondent No. 2 and has been directed by the impugned Award to pay the compensation for the injuries suffered by Respondent No. 1.

6th March, 2026

FA 8 2026

5. Since it is an admitted position that service was not effected on the Appellant, the impugned Judgment and Award dated 29.03.2025 is quashed and set aside. The Appeal is allowed, and the Claim Petition No. 68/2018 shall now stand remanded back to the file of the District Judge, North Goa at Merces, sitting at Ponda. The District Court, Ponda, shall give the Appellant/Respondent No. 3 in the Claim Petition an opportunity to file his Written Statement and thereafter proceed to dispose of the Claim Petition in accordance with law.

6. The parties shall now appear before the Motor Accident Claims Tribunal, North Goa, Panaji, sitting at Ponda on 09.04.2026 at 2.30 p.m.

7. The Court of the Principal District Judge shall remit the disposed record of Claim Petition No. 68/2018 to the Motor Accident Claims Tribunal, North Goa, Panaji, sitting at Ponda. Award to be drawn accordingly.

8. The Appeal stands disposed of.

VALMIKI MENEZES, J.

6th March, 2026