Bombay High Court at Goa hears case regarding liability of an insurance company
Title: Bajaj Allianz General Insurance v. Sagun Krishna Gaonkar
Decided on: August 19, 2023
Citation: 2023 SCC OnLine Bom 1705
CORAM: HON’BLE JUSTICE E M.S. SONAK
Facts of the Case
The Appellant her is an Insurance Company that challenges the impugned award on the ground that the insurance policy regarding the offending vehicle was not a comprehensive insurance policy and did not cover the occupants of the vehicle. Although the point raised by the Insurance Company would require consideration, taking into account the fact that this is a death case and the compensation of only Rs. 50,000/- has been awarded, no good reason is shown to warrant interference at this stage.
Court Analysis and Judgement:
The court held that while deciding the petition under Section 166 of the MV Act, the tribunal must go into this issue and determine the same. The circumstance that this appeal is not being entertained does not mean that this Court has gone into the issue or decided the same against the Insurance Company. Non-interference in the impugned award is only because an amount of Rs. 50,000/- has been awarded under no-fault liability. Further, it is clarified that if ultimately in the petition under Section 166 of the MV Act, it is held that the Insurance Company was not at all liable then it would be open to the Insurance Company to urge before the tribunal that the person liable i.e., the owner must pay this amount of Rs. 50,000/- to the Insurance Company.
“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”
Written by- Reema Nayak
