Case Note & Summary
The High Court of Bombay at Goa allowed a writ petition challenging an order of the Motor Accidents Claims Tribunal (MACT) that deleted Bajaj Allianz General Insurance Company Ltd. as a respondent in a motor accident claim case -- The accident occurred on 14.08.2022 involving vehicles insured by multiple companies -- The Petitioners filed a claim under Section 166 of the Motor Vehicles Act, 1988 -- Respondent No. 2 applied for deletion, claiming its policy covered only own damage, not third-party liability -- The MACT allowed the deletion without completing pleadings or recording evidence -- The High Court held this was premature, as liability determination requires a full inquiry under Sections 168 and 169 of the Motor Vehicles Act, 1988 -- The Court set aside the impugned order, reinstating Respondent No. 2 as a party, and directed the MACT to proceed with the claim after proper evidence and inquiry.
Headnote
Motor Vehicles Act, 1988-- Sections 140, 165, 166 and 168-- Goa Motor vehicles Rules, 1991-- Rules 275 to 305-- Code of civil procedure, 1908-- Order 1 Rule 10-- Accident-- Claim for compensation-- Respondent/Insuance company filed an application for deletion an opponent in claim petition-- Ld tribunal passed an order and deleted respondent/insuance company from claim petition-- Aggrived-- Challenged by claimants before high court-- Jurisdiction of claim tribunal-- Procedure and powers of tribunal discussed-- Rules framed for following inquiries in claim petition-- Tribunals are not vested with the powers to decide the plea raised by different parties individually, without evidence being recorded and without an inquiry being held into rival contentions-- Case of Bimlesh (Supra) referred-- No justification in deletion of insuance company as opponent party in claim petition-- Ld.tribunal failed to follow the provisions of MV Act and Rules-- Impugned order set aside-- Direction to restore insurance complany as opponent in claim petition-- Petition allowed Para-- 11, 12, 13, 15, 16, 18, 19
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Issue of Consideration: The Issue of whether the Motor Accidents Claims Tribunal (MACT) could delete an insurance company as a party at the initial stage of proceedings without completing pleadings, framing issues, or recording evidence, based solely on the insurance policy terms.
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Final Decision
The High Court allowed the writ petition, set aside the impugned order dated 10.08.2023 passed by the MACT, and reinstated Respondent No. 2 as a party to Claim Petition No. 88/2022 -- The Court directed the MACT to proceed with the claim after completing pleadings, framing issues, and recording evidence as per the Motor Vehicles Act, 1988.
