Full Judgment Text
fa122&664-14
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO. 122 OF 2014
WITH CA/10164/2009 IN FA/122/2014 WITH CA/15038/2013 IN
FA/122/2014
New India Assurance Company Ltd.
Havign its head and Registered office at
Mumbai, Branch Office at Latur and
Divisional office at Aurangabad.
... Appellant
VERSUS
1. Muktabai w/o Nana Koli (Mane)
Age 28 years, Occu: Household
2. Kum Hena d/o Nana Koli (Mane)
Age 15 years, Occu: Education
3. Bharat s/o Nana Koli (Mane)
Age 13 years, Occu: Education
4. Nitin s/o Nana Koli (Mane)
Age 11 years, Occu: Education
2 to 4 minors udner the guardianship
of mother, respondent No.1.
All r/o Mataji Nagar, Latur
5. Shaikh Javed Inayatulla
… Respondents
Age 28 years,Occu: Business
R/o Teli Gali, Latur
Mr. S. L. Kulkarni, Advocate for the appellant
Mr. A. V. Patil h/for Mr. S. P. Dobale, Advocate for respondents 1 to 4
Mr. R. P. Adgaonkar, Advocate for respondent No.5
WITH
FIRST APPEAL NO. 664 OF 2014
WITH CA/10162/2009 IN FA/664/2014
New India Assurance Company Ltd.
Havign its head and Registered office at
Mumbai, Branch Office at Latur and
Divisional office at Aurangabad.
... Appellant
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fa122&664-14
VERSUS
1. Datta Maruti Jadhav
Age 30 years, Occu: Nil
R/o Veer Hanumantwadi, Latur
2. Shaikh Javed Inayatulla
… Respondents
Age 28 years,Occu: Business
R/o Teli Gali, Latur
Mr. S. L. Kulkarni, Advocate for the appellant
Mr. Mr. K. A. Kadam, Advocate for the respondent No.1-claimant
Mr. R. P. Adgaonkar, Advocate for respondent No.2
CORAM : T. V. NALAWADE, J.
th
DATE : 16 July, 2015
JUDGMENT :
1. Both appeals are filed to challenge the judgment and order of
the Commissioner, appointed under the Workmen's Compensation
Act (Labour Court, Latur) in Application (WCA) Nos. 110/2006 and
109/2006.
2. Application (WCA) No.110/2006 was filed by the original
applicants/ present respondents 1 to 4 in FA No.122/2014 in respect
of death of one Arjun Mane (Koli), husband of original applicant No.1.
The other applicants are the minor issues of applicant no.1, born
from the deceased Arjun. The second proceedings i.e. Application
(WCA) No. 109/2006 was filed by one Datta Jadhav in respect of
injury sustained by him in the same accident.
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3. Both the sides are heard.
4. The appeals are filed by the Insurance company. It is the case
of the insurance company that the registered owner of the vehicle
was different and the registered owner had insured the vehicle. It is
contended that the so called employer of the deceased and insured
had not purchased the insurance policy and so the insurance
company is not liable to indemnify him. It is also the contention of
the issuance company that as the matter was filed under the
provisions of Workmen's Compensation Act, it was necessary to
establish the relationship between the registered owner of the
vehicle and the victim, of employer employee. Learned counsel
submitted that the substantial question of law needs to be formulated
on the this contention of the insurance company. No other point is
raised in the appeal.
5. The learned counsel for the insurance company placed reliance
on the decision reported in AIR 1998 SUPREME COURT 257,
Oriental Insurance Co. Ltd. Vs. Sunita Rathi and others .
The facts of the reported case were altogether different and the
facts show that the policy of insurance was issued on the date of the
accident but some time after the accident and there was clear
mention in the policy of the date and also the time from which it
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becomes effective. In view of this facts, the Apex court held that the
insurance company was not liable to indemnify the owner. There was
no insurance coverage at the time of accident.
6. On the other hand, the learned counsel for the respondents
placed reliance on the case reported in 2014 (3) MH.L.J.440 (Mr.
Tarachand Shrawanji Shambharkar Vs. Prashant s/o
Ramchandra Hiranwar & others) . In this case, this Court has laid
down that when transfer of vehicle took place, certificate of insurance
and the policy also get transferred in favour of the transferee of the
vehicle automatically.
7. So far as interest of third party is concerned, the law is already
settled by the Hon'ble Apex Court on this point in the case reported
in 1999 (2) SCR 467 (G. Govindan Vs. New India Assurance Co.
Ltd. & ors.) and insurance company cannot take such defence
even in matters filed under the provisions of Workmen's
Compensation Act. Thus, no substantial question of law as such is
involved in the two appeals. In the results, both the appeals stand
dismissed.
( T. V. NALAWADE, J. )
JPC
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO. 122 OF 2014
WITH CA/10164/2009 IN FA/122/2014 WITH CA/15038/2013 IN
FA/122/2014
New India Assurance Company Ltd.
Havign its head and Registered office at
Mumbai, Branch Office at Latur and
Divisional office at Aurangabad.
... Appellant
VERSUS
1. Muktabai w/o Nana Koli (Mane)
Age 28 years, Occu: Household
2. Kum Hena d/o Nana Koli (Mane)
Age 15 years, Occu: Education
3. Bharat s/o Nana Koli (Mane)
Age 13 years, Occu: Education
4. Nitin s/o Nana Koli (Mane)
Age 11 years, Occu: Education
2 to 4 minors udner the guardianship
of mother, respondent No.1.
All r/o Mataji Nagar, Latur
5. Shaikh Javed Inayatulla
… Respondents
Age 28 years,Occu: Business
R/o Teli Gali, Latur
Mr. S. L. Kulkarni, Advocate for the appellant
Mr. A. V. Patil h/for Mr. S. P. Dobale, Advocate for respondents 1 to 4
Mr. R. P. Adgaonkar, Advocate for respondent No.5
WITH
FIRST APPEAL NO. 664 OF 2014
WITH CA/10162/2009 IN FA/664/2014
New India Assurance Company Ltd.
Havign its head and Registered office at
Mumbai, Branch Office at Latur and
Divisional office at Aurangabad.
... Appellant
1 Of 4
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fa122&664-14
VERSUS
1. Datta Maruti Jadhav
Age 30 years, Occu: Nil
R/o Veer Hanumantwadi, Latur
2. Shaikh Javed Inayatulla
… Respondents
Age 28 years,Occu: Business
R/o Teli Gali, Latur
Mr. S. L. Kulkarni, Advocate for the appellant
Mr. Mr. K. A. Kadam, Advocate for the respondent No.1-claimant
Mr. R. P. Adgaonkar, Advocate for respondent No.2
CORAM : T. V. NALAWADE, J.
th
DATE : 16 July, 2015
JUDGMENT :
1. Both appeals are filed to challenge the judgment and order of
the Commissioner, appointed under the Workmen's Compensation
Act (Labour Court, Latur) in Application (WCA) Nos. 110/2006 and
109/2006.
2. Application (WCA) No.110/2006 was filed by the original
applicants/ present respondents 1 to 4 in FA No.122/2014 in respect
of death of one Arjun Mane (Koli), husband of original applicant No.1.
The other applicants are the minor issues of applicant no.1, born
from the deceased Arjun. The second proceedings i.e. Application
(WCA) No. 109/2006 was filed by one Datta Jadhav in respect of
injury sustained by him in the same accident.
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3. Both the sides are heard.
4. The appeals are filed by the Insurance company. It is the case
of the insurance company that the registered owner of the vehicle
was different and the registered owner had insured the vehicle. It is
contended that the so called employer of the deceased and insured
had not purchased the insurance policy and so the insurance
company is not liable to indemnify him. It is also the contention of
the issuance company that as the matter was filed under the
provisions of Workmen's Compensation Act, it was necessary to
establish the relationship between the registered owner of the
vehicle and the victim, of employer employee. Learned counsel
submitted that the substantial question of law needs to be formulated
on the this contention of the insurance company. No other point is
raised in the appeal.
5. The learned counsel for the insurance company placed reliance
on the decision reported in AIR 1998 SUPREME COURT 257,
Oriental Insurance Co. Ltd. Vs. Sunita Rathi and others .
The facts of the reported case were altogether different and the
facts show that the policy of insurance was issued on the date of the
accident but some time after the accident and there was clear
mention in the policy of the date and also the time from which it
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fa122&664-14
becomes effective. In view of this facts, the Apex court held that the
insurance company was not liable to indemnify the owner. There was
no insurance coverage at the time of accident.
6. On the other hand, the learned counsel for the respondents
placed reliance on the case reported in 2014 (3) MH.L.J.440 (Mr.
Tarachand Shrawanji Shambharkar Vs. Prashant s/o
Ramchandra Hiranwar & others) . In this case, this Court has laid
down that when transfer of vehicle took place, certificate of insurance
and the policy also get transferred in favour of the transferee of the
vehicle automatically.
7. So far as interest of third party is concerned, the law is already
settled by the Hon'ble Apex Court on this point in the case reported
in 1999 (2) SCR 467 (G. Govindan Vs. New India Assurance Co.
Ltd. & ors.) and insurance company cannot take such defence
even in matters filed under the provisions of Workmen's
Compensation Act. Thus, no substantial question of law as such is
involved in the two appeals. In the results, both the appeals stand
dismissed.
( T. V. NALAWADE, J. )
JPC
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