HDFC ERGO GENERAL INSURANCE CO. LTD. v. SHAHIN WD/O. ARSHAD SHAMIM SAIFI
Court: High Court of Gujarat
Bench: HONOURABLE MS. JUSTICE GITA GOPI
Judgment date:
Case summary
High Court of Gujarat judgment dated 2024-04-30. HDFC ERGO GENERAL INSURANCE CO. LTD. v. SHAHIN WD/O. ARSHAD SHAMIM SAIFI. Read the judgment and case...
Judgment text
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 635 of 2023 With CIVIL APPLICATION (FOR STAY) NO. 2 of 2023 In R/FIRST APPEAL NO. 635 of 2023 FOR APPROVAL AND SIGNATURE: HONOURABLE MS. JUSTICE GITA GOPI ========================================================== 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the Constitution of India or any order made thereunder ? ========================================================== HDFC ERGO GENERAL INSURANCE CO. LTD. Versus SHAHIN WD/O. ARSHAD SHAMIM SAIFI & ORS. ========================================================== Appearance: MR RATHIN P RAVAL(5013) for the Appellant(s) No. 1 MR. HIREN M MODI(3732) for the Defendant(s) No. 1,2 RULE UNSERVED for the Defendant(s) No.
3 ========================================================== CORAM:HONOURABLE MS. JUSTICE GITA GOPI Date : 30/04/2024 ORAL JUDGMENT 1. Challenge is given by the insurance company to the judgment dated 21. 10. 2022 passed by MACT (Main), Panchmahals at Godhra in MACP no. 642 of 2013. 2. The case of the claimant as was urged before t Tribunal was to the effect that on 31. 3. 2012, t deceased was going on his motorcycle bearin registration no. GJ-18 R-561 of the ownership o the opponent no. 1 for buying dinner. At about 00. 45 hrs. , he was passing from Godhra - Vadodr highway road, opposite Reliance Petrol Pump, suddenly a dog came on the road and to save t dog, motorcycle got slipped and he fell on ro and received multiple injuries and succumbed to death.
It is the case of the insurance compny that the deceased stepped into the shoes of t owner and the insurance company would be liable to pay the compensation amount in accordance to t contractual liability if at all drawn through t policy. 3. Mr. R. P. Raval, learned advocate for the appellnt submitted that here in the present case, P. . cover for owner driver is to the extent of Rs. 1 lac and thus, the claimant’s entitlement would b only to the limit of Rs. 1 lac. Mr. Raval submitt that the Tribunal has fallen in error to grnt compensation of Rs. 4,17,500/-. 4. In the case of Ram Khiladi & Ors. v. United Ini Insurance Company Ltd. , (2021) 2 SCC 550, it h s been held that the claim of owner/borrowr/ permissive user would be limited to personl accident coverage on use of vehicle strictly as per contract of insurance covering the borrow vehicle. 5. While countering the arguments, Mr.
Modi referrin to the judgment of the Tribunal submitted that t negligence aspect cannot be looked into when t prayer is made under Section 163A of the Motor Vehicles Act and submitted that the amount woul be paid as per the schedule to the said section. 6. The two wheeler liability only policy with resp t to involved vehicle which admittedly is of t ownership of the opponent no. 1. The policy shows the insured name as Mohammad Sarin Mirza who is opponent no. 1. The P. A. cover for owner driver is Rs. 1 lac and in absence of contract, no compensation amount can be paid when the poliy does not cover the risk. Here the contractul liability for the owner is Rs. 1 lac and since t deceased as borrower of vehicle stepped into t shoes of the owner, the claimant as heir and le l representative would be entitled for the si amount of Rs. 1 lac. 7. In the result, the impugned judgment and or r stands modified and the insurance company would b held liable to pay the amount of Rs.
1 lac to t claimants. 8. It is submitted that the award amount o Rs. 4,17,500/- along with the interest has b n deposited before the Tribunal. Let the amount o Rs. 1 lac with accrued interest be paid to t claimants and the remaining amount be refun back to the insurance company along with accru interest on the said amount. Let the amount as stated hereinabove be paid to the claimants RTGS/NEFT on verification of the identity in t proportion as declared by the Tribunal. 9. The impugned judgment and award be modified accordingly. The appeal is partly allowed. Registry is directed to send the record and proceedings back to the Tribunal, if received. (GITA GOPI,J) Maulik
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