Bombay High Court

THE BRANCH MANAGER IFFCO TOKIO GENERAL INSURANCE CO LTD.versusPRADNYA RAKESH KAWAD JAIN AND OTHERS

Disposal: DISPOSED OFF
Bench: S G CHAPALGAONKAR

Holding

The Tribunal committed a serious error in declining the insurer's prayer for a witness summons, and the writ petition is allowed.

Summary

The Branch Manager of IFFCO Tokio General Insurance Co. Ltd. filed a writ petition challenging the Motor Accident Claims Tribunal, Jalna's order rejecting its application for a witness summons to Dr. Kishor Dange Patil of Hirai Hospital and Critical Care Hospital Center. The insurer alleged that the claimant’s pillion rider, Rupesh Kawad, had fabricated his injury claim and that the medical certificates and police statements were dubious. The Tribunal had previously been granted liberty to seek a postponement, but proceeded with the hearing without allowing the insurer to examine the medical witness. The High Court held that in cases of alleged false implication of a vehicle, the tribunal must permit the insurer to scrutinise the medical evidence and therefore erred in refusing the summons. Consequently, the writ petition was allowed, directing the parties to act on the authenticated copy of the order.

Issues considered

Whether the Motor Accident Claims Tribunal erred in rejecting the insurer's application for issuance of a witness summons to examine the authenticity of medical certificates and police statements.
Whether the tribunal is obligated to grant the insurer an opportunity to examine a medical witness in a defence of false implication of the insured vehicle.

Subjects

insurance
false implication
witness summons
motor accident claims tribunal
medical certificate
evidence
writ petition

Judgment

2026:BHC-AUG:24242
                                                    -1-
                                                                        P4-WP-14340-2025

                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                                WRIT PETITION NO. 14340 OF 2025

                   THE BRANCH MANAGER, IFFCO TOKIO GENERAL INSURANCE CO. LTD.
                                            VERSUS
                            PRADNYA RAKESH KAWAD (JAIN) AND OTHERS

                                                 ...…
              Mr. Swapnil S. Rathi, Advocate for Petitioner
              Mr. Kailas B. Jadhav, Advocate for Respondent Nos.1 to 3
                                                 ...…

                                            CORAM : S. G. CHAPALGAONKAR, J.
                                             DATED : 22nd JUNE, 2026.
              PER COURT :


              1.           The petitioner takes exception to order dated 09.09.2025

              passed by Motor Accident Claims Tribunal, Jalna in M.A.C.P. No.138 of

              2019 below Exh.101, whereby petitioner’s application for issuing witness

              summons to Dr. Kishor Dange Patil from Hirai Hospital and Critical Care

              Hospital Center, has been rejected.



              2.           Mr. Rathi, learned Advocate appearing for petitioner points

              out that, although this Court had specifically granted liberty in favour of

              petitioner to file application for postponing the proceedings pending

              before the Tribunal, now the Tribunal is not considering said request and

              has posted the matter for hearing.
                                     -2-
                                                           P4-WP-14340-2025

3.           In light of aforesaid factual background, the matter is heard

finally at the stage of admission by consent of parties.



4.           Mr. Rathi submits that, petitioner – Insurance Company has

took up a defence of false implication of insured vehicle. The case of

claimant is based on statement of injured pillion rider, namely Rupesh

Kawad. He stated to have suffered injuries and treated in Hirai Hospital

and Critical Care Hospital Center. During course of investigation by

Insurance Company, it was revealed that there is no record regarding

treatment of said Rupesh in hospital as mentioned in his police

statement. With intention to bring variance on aforesaid aspect, an

application was moved before Tribunal to issue witness summons to Dr.

Kishor Dange Patil from Hirai Hospital and Critical Care Hospital Center,

which came to be rejected.



5.           On perusal of record, this court finds substance in

contentions of Mr. Rathi. In a case of false implication of vehicle, it is

necessary to bring on record circumstances that may lead to a conclusion

in pursuance to the defence. The Tribunal ought to have given an

opportunity to Insurance Company to at least examine the witness on the

relevant aspect of matter. The injury certificate of Rupesh is placed on

record of the Tribunal, which shows that he was treated for accidental
                                       -3-
                                                             P4-WP-14340-2025

injuries in Hirai Hospital and Critical Care Hospital Center. The Insurance

Company has a serious objection as to the genuineness of aforesaid

certificate so also the statement of said witness given before police. In

this backdrop, this Court finds that the Tribunal committed serious error

in declining to accept petitioner’s prayer for issuance of witness

summons. Hence, Writ Petition stands allowed in terms of prayer clause

(B) and (C).



6.             Parties to act on authenticated copy of this order.



                                             (S. G. CHAPALGAONKAR)
                                                      JUDGE




Tandale

Continue reading with your account

Checking your session…