1 FA 52-11 GROUP IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD /UNREPORTED/ FIRST APPEAL NO.52 OF 2011 FIRST APPEAL NO.54 OF 2011 FIRST APPEAL NO.40 OF 2011 FIRST APPEAL NO.1102 OF 2011 FIRST APPEAL NO.1103 OF 2011 FIRST APPEAL NO.1104/2011 Date of decision:28/7/2011 For approval and signature HON'BLE MR. JUSTICE R.M.BORDE 1. Whether the Reporters of Local Papers Yes may be allowed to see the Judgment ? 2. To be referred to the Reporter or not ? No 3. Whether Their Lordships wish to see No. the fair copy of the Judgment ? 4. Whether this case involves a substantial? No. question of law as to the interpretation of the Constitution of India, 1950, or any order made thereunder ? 5. Whether it is to be circulated to the No. Civil Judges ? 6. Whether the case involves an important No question of law and whether a copy of the Order should be sent to Bombay, Goa and Nagpur Office ? (A.G. PARALIKAR) Private Secretary agp/office/52-11fagroup 2 FA 52-11 GROUP UNREPORTED IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO.52 OF 2011 Bajaj Allianz General Insurance Co.Ltd. GE Plaza, Airport Road, Yerwada, Pune, Through its Branch Manager, 2nd Floor, Rajendra Bhavan, Adalat Road, Aurangabad 431 001. ...APPELLANT (Orig.Resp.No.2) VERSUS 1. Sarubai w/o Tanu Thelari (Pandole), Age: 68 years, Occu:Household, r/o Kakarde, Taluka Shahada, District Nandurbar. 2. Rama s/o Tanu Thelari (Pandole), Age: 45 years, Occu: Agri. & Shepherd, r/o as above. 3. Machindra s/o Tanu Thelari (Pandole), Age: 40 years, Occu: Agri. & Shepherd, R/o as above. 4. Sadashiv s/o Tanu Thelari (Pandole), Age: 35 years, Occu: Agri. & Shepherd, r/o As above. 5. Vishwasrao s/o Uttamrao Bhamre, Age: Major, Occu. Business, r/o. Tarhadi, Taluka Shirpur, Dist.Dhule. ...RESPONDENTS (Respdt.Nos. 1 to 4 -Orig.claimants) ... Mr. S.G.Chapalgaonkar, Adv., for the appellant. Mr.S.P.Deshmukh, Adv., for respondent nos. 1 to 4. Mr. S.U.Chaudhari, Adv., for respondent no.5. 3 FA 52-11 GROUP WITH FIRST APPEAL NO.54 OF 2011 Bajaj Allianz General Insurance Co.Ltd. GE Plaza, Airport Road, Yerwada, Pune Through its Branch Manager, 2nd Floor, Rajendra Bhavan, Adalat Road, Aurangabad 431 001 ...APPELLANT (Orig.Resp.No.2) VERSUS 1. Soma s/o Daga Thelari (Waghro), Age: 38 years, Occu: Agri. & Shepherd, r/o Kakarde, Taluka Shahada, District Nandurbar. 2. Vishwasrao s/o Uttamrao Bhamre, Age: Major, Occu: Business, r/o. Tarhadi, Taluka Shirpur, District:Dhule. ...RESPONDENTS (Respdt No.1 -Org.claimant Respdt.No.2 -Org.Respdt.No.1) ... Shri S.G.Chapalgaonkar, Advocate for the appellant. Shri S.P.Deshmukh, Adv., for R.1. Mr.S.U.Chaudhari, Adv. for R.2. ... FIRST APPEAL NO.40 OF 2011 Bajaj Allianz General Insurance Co.Ltd. GE Plaza, Airport Road, Yerwada, Pune Through its Branch Manager, 4 FA 52-11 GROUP 2nd Floor, Rajendra Bhavan, Adalat Road, Aurangabad 431 001. ...APPELLANT (Orig.Resp.No.2) VERSUS 1. Meerabai w/o Somji Patil, Age: 58 years, Occu: Agri. (Now Nil), R/o Bamkheda, Taluka Shahada, District Nandurbar. 2. Vishwasrao s/o Uttamrao Bhamre, Age: Major, Occu: Business, r/o Tavade, Taluka Shirpur, District: Dhule. ...RESPONDENTS (Respdt.No.1 -Org.Claimant Respdt.No.2 - Org.Respdt.No.1) ... Mr. S.G.Chapalgaonkar, Adv., for the appellant. Mr.L.S.Mahajan, Adv., for R.1. ... FIRST APPEAL NO.1102 OF 2011 Bajaj Allianz General Insurance Co.Ltd. GE Plaza, Airport Road, Yerwada, Pune, through its Branch Manager, 2nd Floor, Rajendra Bhavan, Adalat Road, Aurangabad 431 001 ...APPELLANT (Orig.Resp.No.2) VERSUS 5 FA 52-11 GROUP 1. Laxman s/o Vanya Bhil, Age: 32 years, Occu: At present Nil, r/o Kakarde, Taluka Shahada, District Nandurbar. 2. Vishwasrao s/o Uttamrao Bhamre, Age: Major, Occu: Business, r/o Talvade, Taluka Shirpur, District Dhule. ...RESPONDENTS (Respdt.No.1 -Org.Claimant Respdt.No.2 -Org.Respdt.No.1.) ... Mr. S.S.Chapalgaonkar, Adv., for the appellant. Mr.M.H.Patil, Adv., for Respondent no.1. Respondents served. ... FIRST APPEAL NO.1103 OF 2011 Bajaj Allianz General Insurance Co.Ltd. GE Plaza, Airport Road, Yerwada, Pune, Through its Branch Manager, 2nd floor, Rajendra Bhavan, Adalat Road, Aurangabad 431 001 ...APPELLANT (Orig.Resp.No.2) VERSUS 1. Ravindra s/o Sakharam Koli, Age: 32 years, Occu: At present Nil, R/o Kakarde, Taluka Sahahada, District Nandurbar. 6 FA 52-11 GROUP 2. Vishwasrao s/o Uttamrao Bhamre, Age: Major, Occu: Business, r/o Tarvade, Taluka Shirpur, District:Dhule. ...RESPONDENTS (Respdt.No.1. Orig.claimant Respdt.No.2 - Org.Respdt.No.1) ... Mr. S.G.Chapalgaonkar, Adv., for the appellant. Mr.M.H.Patil, Adv., for R.1. ... WITH FIRST APPEAL NO.1104/2011 Bajaj Allianz General Insurance Co.Ltd. GE Plaza, Airport Road, Yerwada, Pune, Through its Branch Manager, 2nd Floor, Rajendra Bhavan, Adalat Road, Aurangabad 431 001 ...APPELLANT (Orig.Resp.No.2) VERSUS 1. Piran s/o Hari Bhil, Age: 45 years, Occu: At present Nil, r/o Kakarde, Taluka Shahada, District Nandurbar. 2. Vishwasrao s/o Uttamrao Bhamre, Age: Major, Occu: Business, r/o Tarvade, Taluka Shirpur, District Dhule. ...RESPONDENTS (Respdt.No.1 - Org.Claimant Respdt.No.2 -Org.Respdt.No.1) ... 7 FA 52-11 GROUP Mr.S.G.Chapalgaonkar, Adv., for appellant. Mr.M.H.Patil, Adv., for respondent no.1. Respondents Nos.1 and 2 served. ... CORAM: R.M.BORDE, J. DATE :28/7/2011 *** ORAL JUDGMENT: 1. Heard. Admit. With the consent of the Counsel for the respective parties, the appeals are taken up for final disposal at the admission stage. 2. These are the appeals presented by the Insurance Company raising an exception to the orders passed below Exh.5, in different claim petitions, by the Member, Motor Accident Claims Tribunal, Shahada, directing the Insurer to pay compensation under Section 140 of the Motor Vehicles Act. 3. The undisputed facts are thus: A Rickshaw bearing registration No.MH-18-TC-134 met with an accident on 6.3.2007 on Shirpur-Shahada road, near agricultural land of one Vasudeo Dasharath Patil. As a result of the accident, two occupants of the Auto Rickshaw met with death whereas other five occupants sustained injuries. The Auto Rickshaw was 8 FA 52-11 GROUP driven by driver who is not amongst the appellants herein. There were about seven passengers being carried in the Auto Rickshaw at the time of the occurrence of the incident. It is not necessary to go into the factual details and the appeals can be disposed of by issuing certain directions to the Tribunal. 4. The Tribunal, on considerations of the applications at Exh.5 tendered by the respective claimants, directed Insurance Company to pay amount of compensation towards No Fault Liability amounting to Rs.50,000/- in case of death and Rs. 25,000/- in case of injuries. The Insurance Company raised two-fold defense; firstly, it is contended that the Auto Rickshaw, which is involved in the accident, was not having valid permit authorizing the owner/driver to carry passengers. It is also contended that the Auto Rickshaw was just taken out of the showroom and was given only a temporary registration number. The Auto Rickshaw was not even produced for examination before the R.T.O. with a view to issue permanent registration number. It is also contended that even otherwise the liability of the Insurer would be to the extent of passenger carrying capacity of the vehicle. The Auto Rickshaw in question was having a passenger carrying capacity of three and, in addition thereto, a driver, who is supposed to drive the 9 FA 52-11 GROUP vehicle. The liability which can be fastened against the Insurer, therefore, cannot exceed the amount which is liable to be paid in respect of the three claimants. It is the contention of the appellants that the objections raised by the Insurer were not considered by the Accident Claims Tribunal while issuing directions in respect of payment of interim compensation. 5. I have perused the order passed by the Tribunal and heard the arguments advanced by the respective Counsel appearing for the parties. It is true that the Counsel for the appellant is justified in contending that the defense raised by the Insurer is not considered by the Accident Claims Tribunal while dealing with the applications. 6. Considering the objection raised by the Insurer, it would be in the fitness of things to direct the Tribunal to decide the claim petitions presented by the respective claimants under Section 166 of the Motor Vehicles Act. 7. It is stated by the Counsel appearing for the appellant that the amount, as directed by the Tribunal, is deposited in three appeals in this Court whereas, in the remaining three appeals, the amount is deposited with the Tribunal, in addition to the statutory amount 10 FA 52-11 GROUP deposited along with the appeal at the time of presentation of the appeal. 8. In the facts and circumstances of the case, without commenting upon the merits of the contentions raised by the appellant, the Tribunal is directed to dispose of the claim petitions presented by the claimants under Section 166 of the Motor Vehicles Act as expeditiously as possible, preferably by the end of the year 2011. The amount deposited by the Insurance Company in this Court shall be transmitted to the Tribunal and the entitlement of the claimants to receive the amount shall be subject to decision of the petitions presented by the respective claimants under Section 166 of the Motor Vehicles Act. The amount directed to be transmitted to the Tribunal as well as the amount deposited by the Insurance Company with the Tribunal, shall not be disbursed until the disposal of the claim petitions. With these directions, all the appeals stand disposed of. In the facts and circumstances of the case, there shall be no order as to costs. In view of disposal of the appeals, pending Civil Applications do not survive and, therefore, stand disposed of. (R.M.BORDE) JUDGE ... agp/52-11fagroup