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Bombay High Court

UNITED INDIA INSURANCE COMPANY LIMITEDversusSUREKHA DWARKANATH THORAT AND ORS.

Decided
Disposal
Dismissed

Holding

The appeal is dismissed and the Tribunal's award of compensation is upheld.

Summary

The Motor Accident Claims Tribunal awarded Rs 5,02,000 to the heirs of a deceased motorcyclist who was a pillion rider in a June 2006 accident involving a truck and an opposing motorcycle. The truck was owned by Kisan Mahadu Thorat and insured by United India Insurance Company (the appellant), while the offending motorcycle was owned by Rupesh Bhoir and insured by New India Assurance Co. Ltd. (respondent No. 6). United India Insurance appealed, arguing that the evidence did not establish liability of the truck driver or a breach of the insurance policy. The High Court examined the documentary evidence, including the FIR and eyewitness testimony, and found the Tribunal had correctly assessed liability and the insurer’s burden of proof. Consequently, the Court dismissed the appeal and ordered the statutory deposit and interest to be transferred to the Tribunal for disbursement to the claimants.

Issues considered

  • Whether the truck driver and the insurer, United India Insurance, can be held liable for the accident under the motor insurance policy.
  • Whether there was a breach of the terms of the insurance policy that would absolve the insurer from liability.
  • The burden of proof for establishing a breach of policy rests on the insurer.

Subjects

  • motor accident
  • insurance liability
  • breach of policy
  • compensation award
  • burden of proof
  • Motor Accident Claims Tribunal

Judgment

                                                                      909-CAF-4432-2013-IN-FA-1719-2013.doc


                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CIVIL APPELLATE JURISDICTION

                                              CIVIL APPLICATION NO.4432 OF 2013
                                                             IN
           Digitally signed
           by SATISH
                                                 FIRST APPEAL NO.1719 OF 2013
           RAMCHANDRA
SATISH     SANGAR
RAMCHANDRA
SANGAR     Date:
           2026.08.24
           19:25:57
           +0530
                                                        ALONG WITH
                                                 FIRST APPEAL NO.1719 OF 2013
                                              [NOT ON BOARD: TAKEN ON BOARD]

                                     United India Insurance Company            ]
                                     Limited, Motor Third Party Hub,           ]
                                     Union Cooperative Insurance Building,     ]
                                     5th Floor, Sir P.M.Road, Fort,            ]
                                     Mumbai–400 001.                           ]...Applicant/Appellant

                                                 Versus

                              1.     Surekha Dwarkanath Thorat,               ]
                                     Age : 42 Years, Occupation : Household. ]
                                                                              ]
                              2.     Harshal Dwarkanath Thorat,               ]
                                     Age : 20 Years, Occupation : Student.    ]
                                                                              ]
                              3.     Kisan Mahadu Thorat,                     ]
                                     Age : 82 Years, Occupation : Nil,        ]
                                     (Deleted)                                ]
                                                                              ]
                                     All residing at : 2, Shirdi, Building    ]
                                     B.H.H. College Road, Bhiwandi,           ]
                                     Taluka : Bhiwandi, District : Thane.     ]...Original Applicants
                                                                              ]
                              4.     Rupesh Raghunath Bhoir,                  ]
                                     Age : 28 Years, Occupation Business,     ]
                                     Residing at : Shelar, Taluka : Bhiwandi, ]
                                     District : Thane.                        ]...Ori.Opponent No.1


                              Satish Sangar                                                              1/5
                                         909-CAF-4432-2013-IN-FA-1719-2013.doc


5.     Hardas B. Patil,                           ]
       Age : Adult, Occupation : Business,        ]
       Residing at : H.No.35, Post Kalher,        ]
       Bhiwandi, Thane.                           ]...Ori.Opponent No.3

6.     The New India Assurance Co. Ltd.           ]
       3rd Floor, Shivkripa C. Complex,           ]...Ori.Opponent No.4
       Naupada, Thane.                            ]     (Respondents)
====================================================

Mr.Nikhil Mehta i/b. KMC Legal Advocate for Applicant/Appellant.
Venture:-
Ms.Poonam Mittal:-                   Advocate for Respondent No.6–
                                     New India Assurance Co. Ltd.

====================================================
                         CORAM       :       S. M. MODAK, J.
                         DATE        :       19th AUGUST 2026
ORAL JUDGMENT :-

1.     Heard learned Advocate Shri.Mehta for Appellant and learned

Advocate Ms.Poonam Mittal for Respondent No.6.

2.     First Appeal is taken on board.

3.     The Motor Accident Claims Tribunal–Thane (“Tribunal”) as per

the Award dated 29th June 2013 has directed the Respondent Nos.1to 4

to pay the amount of Rs.5,02,000/- (Rupees Five Lakh Two

Thousand) along with other benefits. The responsibility on the

Original Respondent Nos.2 and 4 is equal. The Respondent No.2 is

before this Court being an Appellant.
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4.     The deceased along with his friend was proceeding on one

motorcycle bearing No.MH-03/L/1010 on 6th June 2006 from Vada to

Bhiwandi. At that time, another motorcycle bearing No.MH-04-CQ-

3715 owned by original Respondent No.4 came from opposite

direction from Bhiwandi and by overtaking the truck. During that

exercise, that motorcycle driver lost control and gave dash to the

motorcycle on which the deceased was a pillion rider. The offending

motorcycle was insured with the original Respondent No.4–New India

Assurance Co. Ltd.

5.     The Claimants are the heirs of the deceased Dwarkanath. The

Original Respondent No.1–Rupesh Raghunath Bhoir is the owner of

the motorcycle who has given a dash and it was insured with the New

India Assurance Co. Ltd. i.e. the Original Respondent No.4. Whereas

the Original Respondent No.3 is the owner of the truck and it was

insured with the present Appellant i.e. Original Respondent No.2–

United India Insurance Co. Ltd.

6.     After the evidence, the Tribunal has held the driver of the truck

as well as the driver of the motorcycle bearing No.MH-04-CQ-3715 as

responsible for the accident. Learned Advocate Shri.Mehta submitted

that after considering the evidence, the liability cannot be fastened on

Satish Sangar                                                              3/5
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the truck driver and on the Insurance Company because the evidence

does not suggest that he was responsible. Further argument is advanced

that the driver of the motorcycle has not entered into the witness–box.

He submitted that instead of holding driver / owner of truck

responsible, the Tribunal ought to have held the deceased and driver /

owner of offending motorcycle.

7.     After considering the evidence, I find the Tribunal has properly

appreciated the documentary evidence adduced through Surekha

Thorat, the wife of the deceased. It includes the copy of the F.I.R.

which was registered against the motorcycle coming from the opposite

direction. The Original Respondent No.2 has examined one Gajanan

Nandgaonkar and Vitthal Nandanwar. It is on the point of driving

license of the driver of the truck. However, the absence of license could

not be proved. The learned Tribunal in paragraph No.18 has observed

that the evidence on the point of breach of terms of policy is not

believable.

8.     The Claimant Surekha–wife of the deceased has given evidence.

So also, they have examined Faiyyaz Ahmed. The FIR is registered

against Kamlakar Madhavi who is the driver of offending motorcycle.

The Appellant has examined Gajanan Nandgaonkar and Vitthal

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                                         909-CAF-4432-2013-IN-FA-1719-2013.doc


Nandanwar. Driving license of driver of truck was issued to Ramnath

Kamleshwar. There was plea taken about breach of policy of the

insured truck that is Original Respondent No.3. This Court finds the

Tribunal has given more weightage to the evidence of Faiyyaz Ahmed.

Because he is eye witness. Burden to prove breach of policy is on

Insurer / Appellant. Mere breach is not important. It should be

fundamental.

9.     Considering the above discussion, I find no reason to interfere in

the findings and hence, the Appeal is dismissed.

10.    The statutory deposit along with the interest be transferred to the

Tribunal. The Tribunal to disburse the amount of compensation to the

Claimants as per the Award.

11.    Pending Applications, if any, also stand disposed of.



                                     [S. M. MODAK, J.]




Satish Sangar                                                               5/5


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