NEW INDIA ASSURANCE COMPANY LIMITED v. MAGGIBEN DEVARAM CHAUDHARY
2018-01-12
AKIL KURESHI
body2018
DigiLaw.ai
JUDGMENT : 1. These appeals are filed by the Insurance company questioning its liability to satisfy the award passed by the Claims Tribunal. 2. Issue is narrow. For such purpose, it is not necessary to record in detail, the evidence and other materials on record. To state briefly, the accident took place on 28.10.2006 causing death of the two passengers whose dependents had filed two claim petitions resulting into award being passed by the Claims Tribunal giving rise to present First Appeals. The gist of the issues were recorded in earlier order dated 14.12.2015 in which the Insurance company was given an opportunity to cross examine relevant witnesses. The order reads as under : “1. These three First Appeals arise out of separate judgments and awards of the Motor Accident Claims Tribunal, Palanpur, however, pertain to the same accident which took place on 28.10.2006 causing death of three passengers in a truck. According to the claimants, the deceased were traveling in the said truck as paid labourers. On the date of the incident, they had gone for loading and unloading of castor seeds. Depositions of the claimants to this effect were also recorded. Case of the Insurance Company appearing from the written statement was that the deceased were gratuitous passengers traveling in a goods vehicle. The Insurance Company, therefore, is not liable to satisfy the award. 2. Claims Tribunal gave summary judgments in Claims Petitions which were filed under Section 163A of the Motor Vehicles Act. Learned counsel for the Insurance Company submitted that the witnesses were not cross examined and therefore, true facts could not be brought on record. He, however, admitted that the Insurance Company would not have been any independent evidence and would rely on the cross examination of the witnesses of the claimants. 3. These claim petitions pertain to an accident which took place way back on 28.10.2006. It would, therefore, not be appropriate to remand the entire proceedings for fresh consideration by the Claims Tribunal after allowing the evidence to be brought on record which would further delay the proceedings. Instead, when the issue is simple and hinges on the evidence of the claimants, let there be cross examination of the witnesses of the claimants by the Insurance Company. This may take place before the concerned Claims Tribunal.
Instead, when the issue is simple and hinges on the evidence of the claimants, let there be cross examination of the witnesses of the claimants by the Insurance Company. This may take place before the concerned Claims Tribunal. The Claims Tribunal shall forward the further depositions along with report upon which the appeals would be heard further. 4. For above purpose, let record and proceedings be transmitted to the Claims Tribunal who shall issue summons to the witnesses of the claimants whose depositions have already been recorded. Such witnesses shall be permitted to be cross examined by the insurance company. Such further depositions be forwarded to the Court as mentioned above preferably by 31st March, 2016. Appeals be notified for hearing thereafter.” 3. Consequently, further evidence was recorded by the Claims Tribunal and sent to High Court along with the report. From such evidence, it emerges that the the deceased were travelling as labourers employed by the owner of the vehicle itself. 4. That being the position, the Insurance company cannot avoid its liability to satisfy the decree. First Appeals are therefore, dismissed.