Bajaj Allianz General Insurance Co. Ltd. vs Tufel Habib Bagvan

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

BOMBAY HIGH COURT - BENCH AT AURANGABAD
Sangitrao S. Patil, J
Bajaj Allianz General Insurance Co. Ltd. – Appellant
Versus
Tufel Habib Bagvan – Respondent

Advocates:
For the Appellants/Petitioners: Santosh G. Chapalgaonkar
For the Respondents: A.B. Gatne

Table of Content
1. hearing and representation in court. (Para 1 , 2)
2. background and reason for the petitions. (Para 3 , 4)
3. insurer's rights and scope of contest. (Para 5 , 6)
4. legal interpretation of insurer's rights. (Para 10 , 12)
5. outcome of the writ petitions. (Para 14)

COMMON JUDGMENT:

1. Heard the learned Counsel appearing for the petitioner and the learned Counsel appearing for the first respondents in both petitions. None appeared for the second respondent though served.

2. Rule. Rule made returnable forthwith. By consent of the learned Counsel for the parties, heard finally.

3. Both of these Writ Petitions are arising out of the common orders passed by the learned Member of the Motor Accident Claims Tribunal ["MACT", for short], Shahada, whereby the request of the petitioner [hereinafter called as "Insurer"], seeking permission to cross examine the above-named first respondents (i.e. the claimants) and their witnesses, came to be rejected.

4. The claimants, who got injured in the same incident that took place on 29.12.2009 at about 10.30 p.m., near village Korit on Nandurbar to Shahada road, filed Claim Petition Nos. 121/2010 an 122/2010, respectively, for compensation of

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BOMBAY HIGH COURT - BENCH AT AURANGABADSangitrao S. Patil, JBajaj Allianz General Insurance Co. Ltd. – AppellantVersusTufel Habib Bagvan – Respondent

BOMBAY HIGH COURT - BENCH AT AURANGABAD
Sangitrao S. Patil, J
Bajaj Allianz General Insurance Co. Ltd. – Appellant
Versus
Tufel Habib Bagvan – Respondent