Gujarat High Court
The United India Insurance Company ... vs Mohammad Iftekhar S/O Nabijan Shekh on 17 February, 2022
Author: Umesh A. Trivedi
Bench: Umesh A. Trivedi
C/FA/423/2022 ORDER DATED: 17/02/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 423 of 2022
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2022
In R/FIRST APPEAL NO. 423 of 2022
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THE UNITED INDIA INSURANCE COMPANY LIMITED
Versus
MOHAMMAD IFTEKHAR S/O NABIJAN SHEKH
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Appearance:
MR RATHIN P RAVAL(5013) for the Appellant(s) No. 1
for the Defendant(s) No. 1,2,3,4
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CORAM:HONOURABLE MR. JUSTICE UMESH A. TRIVEDI
Date : 17/02/2022
ORAL ORDER
1. The appellant-Insurance Company has preferred the present appeal under Section 173 of the Motor Vehicles Act, 1988 ('M.V. Act' for short) to assail the order dated 30.11.2021 passed below Exhibit-5 in MACP No.65/2018 whereunder, the MACT (Aux.) Sabarkantha at Himmatnagar has allowed the application under Section 140 of the M.V. Act and has directed the appellant-Insurance Company to pay a sum of Rs.50,000/- to the claimants.
2. I have heard Mr. Rathin P. Raval, learned advocate for the appellant.
3. Mr.Raval, learned advocate for the appellant submitted that the involvement of the vehicle in the accident itself is disputed and challenged by the Insurance Company. Therefore, appellant is not liable to pay any compensation.
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4. The order complained in this appeal is an order under Section 140 of the M.V. Act on the ground of "No Fault Liability".
5. It is a settled proposition of law that while awarding the compensation under Section 140, full-fledged trial is not contemplated. At this interim stage, the tribunal has to ascertain the involvement of the offending vehicle in the accident on the basis of documents such as FIR, Punchnama of place of accident, Injury Certificate/P.M. Note. It is thus eminently clear that observations made for No Fault Liability to pay compensation under Section 140 of the M.V. Act are tentative made for the purpose of disposal of the application.
6. The contentions and issues raised by Mr. Raval, learned advocate can be raised at the time of trial of main Claim Petition under Section 166 of the M.V. Act.
7. Since the appellant herein is permitted to raise all possible legal contentions before the Tribunal even claimant/s and other interested party in the claim petition is also at liberty to raise all possible probable legal contentions during the course of trial and therefore, this appeal being fresh matter, no 'Notice' is required to be issued to any other party as their interest is also protected by the present order.
8. In view of the above, this Court is not inclined to entertain this appeal with a clarification that it shall be open for the appellant-Insurance Company to raise all the possible contentions including absence of insurance policy of the vehicle/ non involvement of the vehicle in the proceedings of Claim Page 2 of 3 Downloaded on : Fri Feb 18 21:39:54 IST 2022 C/FA/423/2022 ORDER DATED: 17/02/2022 Petition under Section 166 of the M.V. Act.
8. If the contentions which are raised in the present appeal, raised at the time of proceedings of 166 of the M.V. Act of the Claim Petition the tribunal shall decide the same by assigning reasons.
9. Mr.Raval, learned advocate for the appellant submitted that the amount as ordered by the Court shall be deposited before the Tribunal within a period of 4 (four) weeks from today. The Tribunal is at liberty to deal with the amount during the course of trial according to law.
10. In view of the above, appeal, accordingly, stands disposed of with aforesaid direction.
Order in Civil Application.
In view disposal of appeal, this Civil Application stands disposed of.
(UMESH A. TRIVEDI, J) ASHISH M. GADHIYA Page 3 of 3 Downloaded on : Fri Feb 18 21:39:54 IST 2022