Bombay High Court
CHOLAMANDALAM GENERAL INSURANCE CO. LTD.versusDINESH BALIRAM AHIRRAO AND ORS
- Disposal
- DISPOSED OFF
Holding
The appeal is dismissed, and the tribunal's award of joint and several liability stands.
Summary
The appellant, Cholamandalam General Insurance Co., appealed a Motor Accident Claims Tribunal award that held the owners and insurers of two trucks jointly and severally liable for compensation arising from a crash. The appellant argued that liability should be divided between the two vehicle owners and their respective insurers. Respondent No.5, United India Insurance Co., did not contest the award and had already deposited half of the awarded amount. The High Court found that the appellant's sole ground of appeal was satisfied and dismissed the appeal, upholding the tribunal's joint and several liability order. The court also allowed the appellant's deposit with the court to be withdrawn by the claimants with interest, and disposed of the related civil application.
Issues considered
- Whether the liability for compensation in a motor accident involving two insured vehicles should be joint and several or divided between the owners and insurers of each vehicle.
Subjects
- motor accident
- insurance
- joint and several liability
- compensation
- appeal
- tribunal
Judgment
2026:BHC-AUG:38006
931-FA-331-17.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO. 331 OF 2017
WITH
CIVIL APPLICATION NO. 13986 OF 2016
Cholamandalam General Insurance Co. Ltd. ..APPELLANT
VERSUS
Dinesh Baliram Ahirrao and Others ..RESPONDENTS
....
Mr. A.G. Choudhari, Advocate for appellant
Mr. A.K. Tiwari, Advocate for respondent no.4
Mr. A.B. Gatne, Advocate for respondent no.5 (Through V.C.)
....
CORAM : ROHIT W. JOSHI, J.
DATE : 20th AUGUST, 2026
PER COURT :
1. The appellant – Insurance Company has preferred the present
appeal in order to assail judgment and award dated 02nd May, 2016 passed by
the learned Member, Motor Accident Claims Tribunal, Dhule in Motor
Accident Claim Petition No. 375 of 2013, which arises out of the accident of
two trucks, one insured with the Appellant – Cholamandalam General
Insurance Co. Ltd. and the another with Respondent No.5 – United India
Insurance Co. Ltd.
2. The only contention raised by the appellant in the present appeal
is that rater than holding the respondents jointly and severely liable for
payment of compensation, the liability to pay the compensation ought to have
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931-FA-331-17.odt
been divided between the two owners and insurance companies of both the
vehicles. Respondent No.5 – United India Insurance Co. Ltd. has not
challenged the award impugned in the present appeal. It has also deposited
50% of the amount as awarded by the learned Tribunal.
3. In view of above, the only ground raised by the appellant in the
present appeal is satisfied. Purpose of filing the appeal is served. The appeal
is disposed of accordingly.
4. The amount deposited by the appellant with this Court is allowed
to be withdrawn by the claimants alongwith the accrued interested thereon, if
any.
5. Civil application stands disposed of accordingly.
( ROHIT W. JOSHI, J. )
SSD
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