Case Note & Summary
The appeal arises from a judgment and award of the Motor Accidents Claims Tribunal, Salcete, Margao, in Claim Petition No.86/2000. The accident occurred on 2nd March 2000, when a Mahindra jeep bearing temporary registration number MH-15-TRE-969 dashed against the motorcycle of Jose A. Dias, who died in the accident. The claim petition was filed by the widow and two minor children of the deceased. The Tribunal directed respondents no.1 (driver), 3 (dealer), and 4 (appellant, New India Assurance Co. Ltd.) to pay compensation of Rs.4,68,650/- with interest at 9% p.a. jointly and severally. The appellant challenged the award on the ground that the vehicle was insured with United India Assurance Co. Ltd. (original respondent no.5) and that the Tribunal had wrongly deleted that insurer from the claim petition. The appellant submitted that if the deletion was found to be erroneous, the matter should be remanded. The learned counsel for the original claimants (respondents no.1 and 2) and the dealer (respondent no.5) supported the appellant on this point. The court considered the submissions and found that the Tribunal had deleted the United India Assurance Co. Ltd. without notice to the appellant and without giving an opportunity to contest. The court held that the deletion was improper and that the matter required remand for fresh adjudication on the liability of the correct insurer. The court set aside the impugned judgment and award and remanded the claim petition to the MACT for fresh disposal in accordance with law, after giving notice to all parties including the United India Assurance Co. Ltd. The court directed the parties to appear before the MACT on 10th February 2014.
Headnote
A) Motor Accident Claims - Liability of Insurer - Deletion of Party - The Tribunal deleted the insurer of the offending vehicle (United India Assurance Co. Ltd.) from the claim petition without notice to the appellant (another insurer) and without giving opportunity to contest. Held that such deletion was improper and the matter requires remand for fresh adjudication on the liability of the correct insurer. (Paras 2-5) B) Motor Accident Claims - Temporary Registration - Liability - The offending vehicle bore a temporary registration number issued by the RTO, Mumbai. The Tribunal held the dealer and the appellant (insurer of the dealer) liable. The appellant contended that the vehicle was insured with United India Assurance Co. Ltd. and that the Tribunal erred in deleting that insurer. Held that the issue of which insurer is liable needs fresh determination. (Paras 3-5)
Issue of Consideration
Whether the Tribunal was justified in deleting the United India Assurance Company Ltd. (original respondent no.5) from the claim petition without notice and without giving opportunity to the appellant (New India Assurance Co. Ltd.) to contest the liability, and whether the matter should be remanded for fresh consideration.
Final Decision
The appeal is allowed. The impugned judgment and award of the MACT, Salcete, Margao, in Claim Petition No.86/2000 is set aside. The claim petition is remanded to the MACT for fresh disposal in accordance with law, after giving notice to all parties including the United India Assurance Co. Ltd. The parties are directed to appear before the MACT on 10th February 2014. No order as to costs.
Law Points
- Motor Vehicles Act
- 1988
- Section 149
- Section 166
- Section 170
- liability of insurer
- temporary registration
- deletion of party without notice
- remand
