United India Insurance Company Ltd. vs Dilipbhai Arjanbhai Bhokiya on 21 June, 2018

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Gujarat High Court

United India Insurance Company Ltd. vs Dilipbhai Arjanbhai Bhokiya on 21 June, 2018

Bench: R.M.Chhaya

         C/FA/1947/2018                                ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/FIRST APPEAL NO. 1947 of 2018

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               UNITED INDIA INSURANCE COMPANY LTD.
                               Versus
                   DILIPBHAI ARJANBHAI BHOKIYA
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Appearance:
MR MAULIK J SHELAT(2500) for the PETITIONER(s) No. 1
for the RESPONDENT(s) No. 1,2
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 CORAM: HONOURABLE MR.JUSTICE R.M.CHHAYA

                             Date : 21/06/2018

                              ORAL ORDER

1. This Appeal is preferred against the interim award passed in Motor Accident Claim Petition No.67 of 2016 whereby the learned Tribunal has granted interim compensation. In the facts of the present case and at the request of the learned advocate for the appellant, this Appeal is taken up for final disposal.

2. The United India Insurance Company Limited has preferred the present Appeal interalia contending that the driver of the vehicle in question involved in the accident was minor at the relevant time and was not dully licensed to drive the vehicle in question. Therefore, there was a material breach of terms and conditions and the Insurance Page 1 of 3 C/FA/1947/2018 ORDER Company could not have been held liable to pay the compensation in view of series of judgments of the Hon'ble Supreme Court.

3. Heard the learned advocate Mr.Maulik Shelat for the appellant Insurance Company.

4. Having gone through the impugned award as well as judgment cited by learned advocate for the appellant in the case of United India Insurance Company Limited Vs. Rakeshkumar and others reported in (2008) 13 SCC 298 and on overall appreciation of the material on record as well as the ratio laid down in the aforesaid judgment, coupled with the fact that the victim is a third party and the driver of the vehicle involved in the accident was not holding license as he was minor at the relevant time but, learned Tribunal has fastened liability upon the Insurance Company at the interim stage. However, such clear finding as to whether the driver of the vehicle in question was dully licensed or not, can only be recorded after the fullfledged trial of the Claim Petition as such.

5. In view of the aforesaid position, at this stage, this Court is not inclined to Page 2 of 3 C/FA/1947/2018 ORDER adjudicate the aforesaid controversy raised by the Insurance Company in this Appeal. However, the appellant can agitate the said issue and raise necessary contention before the learned Tribunal at the time of trial of the main Petition and the learned Tribunal shall not treat the said issue as res judicata as this Court has not decided the said issue and kept it open for final decision. Learned Tribunal is directed to disburse 30% of the awarded amount to the original claimants and invest 70% amount in cumulative FDR till the final disposal of the Claim Petition.

6. With the aforesaid observation, the present Appeal stands disposed of.

(R.M.CHHAYA, J) Nabila Page 3 of 3

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