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Bombay High Court

SUMAN SIYARAM PARIKversusDIGUMBAR LAXMAN TAWARE AND ORS.

Decided
Disposal
Disposed Off

Holding

The High Court quashed the MACT’s order rejecting the Section 163A claim and restored the application for fresh adjudication in view of the Supreme Court’s later ruling on negligence.

Summary

The appellant challenged a Motor Accident Claims Tribunal (MACT) order that rejected a claim under Section 163A of the Motor Vehicles Act, 1988 on the ground that the deceased was at fault. The Supreme Court’s decision in United India Insurance Co. Ltd. v. Sunil Kumar (2019) clarified that negligence cannot be examined under Section 163, a ruling that was unavailable when the MACT decided the case. The High Court accepted the parties’ request to reconsider the matter in light of the later Supreme Court precedent. Consequently, the Court quashed the MACT’s order dated 12 April 2016 and restored the original application for fresh adjudication, keeping all contentions open. The appellant was directed to appear before the MACT for scheduling a hearing, and the appeal was disposed accordingly.

Issues considered

  • Whether the MACT erred in rejecting the claim under Section 163A on the basis that the deceased was at fault.
  • Whether the Supreme Court’s decision in United India Insurance Co. Ltd. v. Sunil Kumar, which precludes examination of negligence under Section 163, should be applied retrospectively to the MACT order.

Legislation cited

Subjects

  • Motor Accident Claims Tribunal
  • Section 163A
  • Negligence
  • Quash
  • Fresh adjudication
  • Supreme Court precedent
  • Motor Vehicles Act

Judgment

2026:BHC-AS:14035
                    Sayyed                                                      19-FA.274.2017.doc


                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIVIL APPELLATE JURISDICTION

                                          FIRST APPEAL NO.274 OF 2017

                    Suman Siyaram Parik                         ...Appellant
                         Versus
                    Digumbar Laxman Taware & Ors.               ...Respondents
                         _____________________________________________________
                    Mr. Sanjay Ghaisas for the Appellant.
                    Mr. Sachin Raje for Respondent No.2.
                          _____________________________________________________

                                                   CORAM :        JITENDRA JAIN, J.
                                                   DATE       :   24 MARCH 2026
                    P.C.:

                    1.        This appeal is filed by the original applicant challenging the
                    order of the Motor Accident Claims Tribunal (MACT), Raigad – Alibag,
                    whereby the application came to be rejected solely on the ground that
                    the deceased was at fault though the application was made under
                    Section 163A of the Motor Vehicles Act, 1988. The impugned order was
                    passed on 12 April 2016.

                    2.        Post the impugned order, the Hon’ble Supreme Court in the
                    case of United India Insurance Company Limited vs. Sunil Kumar &
                    Anr.1 has held that under Section 163, the issue of negligence cannot be
                    gone into. This decision was not available when the impugned order
                    was passed. Therefore, it is the request of both the parties that this
                    matter be remanded back to decide afresh by considering all the
                    decisions on this issue, and if found eligible to award compensation in
                    accordance with the parameters laid down by the Hon’ble Supreme
                    Court in the case of National Insurance Company Limited vs. Pranay
                    Sethi & Ors.2.
                    1 (2019) 12 SCC 398
                    2 (2017) 16 SCC 680




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                               Sayyed                                                      19-FA.274.2017.doc


                               3.       I find that the suggestion made by both the counsel is
                               reasonable since decision in the case of Sunil Kumar & Anr. (supra) was
                               not available at the time when the MACT decided the matter. Therefore,
                               in the interest of justice, the impugned order dated 12 April 2016 is
                               quashed and the original application is restored back to the file of the
                               MACT to be adjudicated afresh.


                               4.       All the contentions of all the parties on all the issues are kept
                               open.


                               5.       The appellant to appear before the MACT on 20 April 2026 at
                               11:00 a.m. so that the MACT can fix up the date for hearing. If any
                               application is made for expediting the hearing then the same may be
                               considered by the MACT.


                               6.       The appeal is disposed of in above terms.


                                                                           [ JITENDRA JAIN, J. ]




Signed by: Sayyed Saeed Ali
Designation: PA To Honourable Judge
Date: 25/03/2026 11:17:59                                        2 of 2


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