First Appeal No. 1835 of 2015 with CA/8439/2015 in FA/1835/2015 and First Appeal No. 1836 of 2015 with CA/8440/2015 in FA/1836/2015. Case: HDFC Ergo General Insurance Co. Ltd. Vs Rangrao Naval Patil and Ors.. High Court of Bombay (India)
| Case Number | First Appeal No. 1835 of 2015 with CA/8439/2015 in FA/1835/2015 and First Appeal No. 1836 of 2015 with CA/8440/2015 in FA/1836/2015 |
| Counsel | For Appellant: Chapalgaonkar S.G., Advocate |
| Judges | T. V. Nalawade, J. |
| Issue | Motor Vehicles Act, 1988 - Sections 147, 147(1) |
| Judgement Date | February 24, 2016 |
| Court | High Court of Bombay (India) |
Judgment:
T. V. Nalawade, J.
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The first proceeding is filed against judgment and Award of Claim Petition No. 19 of 2012 and the second proceeding is filed against Judgment and Award of Claim Petition No. 1122 of 2011. Both the claim petitions were pending before Claims Tribunal, Dhule. The Tribunal has fastened the liability to pay compensation on the insurance company and so the insurance company has filed the appeals. Both the sides are heard.
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The challenge of the insurance company is on the limited point viz. the liability in respect of deceased who were in transport vehicle. It is the case of insurance company that both the deceased persons were present in the transport vehicle as passengers and so risk of such persons was not covered under the policy. Meager amount of compensation is given by the Tribunal by presuming notional income as Rs. 3,000/- in both the cases when the accident took place in the year 2011 and so the challenge is not on the point of quantum.
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It is the case of claimants from both the proceedings that the deceased were present in Eicher truck No. MH-18-AA-7289 along with their goods, vegetables and they were taking their goods to Surat, Gujarat State for selling the vegetables. Chetan Patil Suryawanshi was a son of the claimant Nos. 1 and 2 in Claim Petition No. 19 of 2012 and Dagadu Badgujar was the husband of Claimant No. 1 and father of other claimants from claim petition No. 1122 of 2011.
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The claimants have no personal knowledge regarding the accident. They have relied on police papers and also the evidence of the owner of the vehicle involved in the accident. The vehicle had turned turtle in Maharashtra and within local jurisdiction of Nawapur Police Station, Tahsil Nawapur, District Nandurbar. The FIR was given by one Ravindra Mali, who was also present in the vehicle. He had informed that along with him some farmers of Kusumba and one person of village Fagane were present in the vehicle. There was information that the persons were taking vegetables.
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Learned counsel for insurance company submitted that in FIR Ravindra, who is examined as witness in Claim Petition No. 19 of 2012, had not informed that the person from Fagane has loaded his vegetables and so it cannot be presumed that deceased Badgujar was present in the vehicle with his goods as owner of goods. There is substantive evidence of Ravindra to the effect that both these deceased persons had boarded the vehicle with their goods and they...
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