DR. AMOL D. WAJEversusTHE MANAGER, UNITED INDIA INSURANCE CO. LTD. AND ORS.

2026:BHC-AS:10663
                    Sayyed                                                      30-FA.1148.2019.doc


                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION

                                        FIRST APPEAL NO.1148 OF 2019
                                                    WITH
                                   INTERIM APPLICATION NO.17936 OF 2022
                                                    WITH
                                     CIVIL APPLICATION NO.1482 OF 2015
                                                    WITH
                                     CIVIL APPLICATION NO.3355 OF 2015

                    Dr. Amol D. Waje                             ...Appellant/Applicant
                          Versus
                    The Manager, United India
                    Insurance Co. Ltd. & Ors.                    ...Respondents
                          _____________________________________________________
                    Mr. Sachin Gite for the Appellant/Applicant.
                    Mr. Amol Gatne for Respondent No.1.
                          _____________________________________________________

                                                    CORAM :        JITENDRA JAIN, J.
                                                    DATE       :   4 MARCH 2026
                    ORDER:

                    1.         Admit.

                    2.         Since the issue involved is very narrow and the Court
                    proposes to remand the matter, same is heard finally at the admission
                    stage.

                    3.         This is an appeal under Section 30 of the Employee's
                    Compensation Act, 1923. Substantial question of law which arises is as
                    under :-

                               “Whether, the Commissioner for Workmen's Compensation
                               was justified in coming to the conclusion that respondent
                               no.1-insurance company is not liable for compensation ?”




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Sayyed                                                       30-FA.1148.2019.doc


4.        The appellant, owner of vehicle has challenged the findings
given in paragraphs 13 to 15 of the impugned order dated 20 March
2013, whereby the insurance company has been exonerated on the
ground that insurance policy no.162300/31/28/01/0001/624 was not
produced by the original applicants who are respondent nos.2 to 5 in
the present appeal. The policy which was produced by these applicants
had different number and covered different period. The Commissioner
in paragraphs 13 to 15 has stated that since the insurance policy no.
162300/31/28/01/0001/624 was not produced and what was
produced did not cover the accident period, therefore, the insurance
company was not held liable.


5.        The appellant vehicle owner has now filed an application
under Order 41 and Rule 27 of the Civil Procedure Code, 1908 to bring
on record the insurance policy bearing no.162300/31/28/01/0001/624
issued by the insurance company for the period during which the
accident occurred. He submitted that the copy of this insurance policy
could not have been filed with the applicants because they did not have
it and, therefore, they could not produce. The vehicle owner though a
party to the proceedings inadvertently did not produce this insurance
policy.

6.        In my view, consideration of this insurance policy is crucial for
adjudication of liability of the insurance company. The dispute arises
out of the Employee's Compensation Act which is a welfare legislation
and if there existed insurance policy covering the period for which we
are concerned and same was not produced then certainly no mileage
can be drawn by non-production of such a document. The consideration
of this document is necessary for deciding the liability of the insurance
company to the original applicant who died in the accident. Therefore,



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Sayyed                                                        30-FA.1148.2019.doc


under Order 41 Rule 27(b), I am of the view that this document is
required to be considered for examining the extent of liability, if any, of
the insurance company.


7.        In view of above, the impugned order dated 20 March 2013 is
remanded back to the Commissioner for the limited purpose of deciding
whether insurance company can be made liable under the policy which
is admitted as additional evidence today.

8.        All the contentions of all the parties with respect to the said
document are kept open including its admissibility and whether any
such policy was at all issued. The Commissioner after hearing all the
parties and after examining document which is admitted today will
adjudicate on the liability of the insurance company. No other points
will be raised by any of the parties before the Commissioner.

9.        It is also important to note that had the appellant vehicle
owner produced this insurance company and the insurance company
would have been held liable then they would not have been saddled
with interest liability till today. The delay, if any, to grant compensation
by insurance company to the applicant is attributable to the vehicle
owner. Therefore, if the Commissioner comes to a conclusion that the
insurance company is liable under the said policy to compensate the
original claimant then the Commissioner would not pass an order
directing the insurance company to pay interest from 1 April 2015 till
today. However, the Commissioner may consider directing payment of
interest jointly and severally upto 31 March 2015 since there is an
agreement between the vehicle owner and the original claimant dated
30 March 2015, whereby the vehicle owner has settled the matter
alongwith interest with the claimant.




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                               Sayyed                                                   30-FA.1148.2019.doc


                               10.      The appeal is disposed of in above terms. Consequently,
                               interim/civil applications do not survive and are accordingly disposed
                               of.


                                                                           [ JITENDRA JAIN, J. ]




Signed by: Sayyed Saeed Ali
Designation: PA To Honourable Judge
Date: 05/03/2026 12:20:38                                      4 of 4