Bombay High Court
The Branch Manager, The Shriram General ... vs Nirmala Gopal Kumare And Others on 18 September, 2019
Author: N.W.Sambre
Bench: Nitin W. Sambre
189fa1249.18.odt
1/3
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
FIRST APPEAL NO.1249 OF 2018
(The Branch Manager, the Shriram General Insurance Co. Ltd.,
Nagpur .vs. Nirmala Gopal Kumare)
with
FIRST APPEAL St. NO.20003 OF 2018
(The Branch Manager, the Shriram General Insurance Co. Ltd., Nagpur .vs.
Sharda Sanjay Kumare and Ors.)
__________________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
F.A. No.1249 of 2018
Mr.Sachin Jaiswal, Advocate for the appellant.
Ms Monali Pathade, Advocate h/f. Mr.P.S.Mirache,
Advocate for respondent nos. 1 and 2.
F.A. St. No.20003 of 2018
Mr.Sachin Jaiswal, Advocate for the appellant.
CORAM : N.W.SAMBRE, J.
DATE : 18.9.2019.
First Appeal No.1249 of 2018 was already admitted by this Court on 15.1.2019.
In the same accident against which compensation was awarded, there are other three claimants than the present appellants to whom compensation is already awarded by the Reference Court. As such, these appeals are listed together.
::: Uploaded on - 19/09/2019 ::: Downloaded on - 20/09/2019 01:49:39 :::189fa1249.18.odt 2/3 As far as the present appellant is concerned, it can be borne out of the record and also not disputed that the offending vehicle was insured with the appellant. Deceased were working as Coolie on the said vehicle. The Coolie as a person is very much covered by the Insurance Certificate issued by the appellant.
In the aforesaid background, having regard to law laid down by the Apex Court in the matter of United India Insurance Co. Ltd. vs. K.M.Poonam and Others, decided on 18th February, 2011, the contention raised by Mr.Jaiswal, learned Counsel for the appellant that there should have been an order of pay and recover is liable to be rejected.
The Apex Court in para no.22 of the said Judgment has observed thus :
"22.However, in order to fix the liability of the insurer, the provisions of Section 147 have to be read with Section 149 of the Act which deals with the duty of the insurer to satisfy Judgments and awards against persons insured in respect of third party risks.
Although, on behalf of the Insurance Company it has been sought to be ::: Uploaded on - 19/09/2019 ::: Downloaded on - 20/09/2019 01:49:39 ::: 189fa1249.18.odt 3/3 contended that no third party risks were involved in the accident and that the persons travelling in the ill-fated vehicle were gratuitous passengers, the Insurance Company cannot get away from the fact that the vehicle was insured for carrying six persons and the liability of the Insurance Company was to pay compensation to the extent of at least six of the occupants of the vehicle, including the driver."
In the aforesaid background, both these appeals, in my opinion, does not hold any substance. The same are dismissed.
JUDGE jaiswal ::: Uploaded on - 19/09/2019 ::: Downloaded on - 20/09/2019 01:49:39 :::