✦ Bombay High Court · 24 Mar 2026

Suman Siyaram Parik v. Digumbar Laxman Taware & Ors.

JITENDRA JAIN

Case at a glance

Outcome

Disposed of

The appeal is disposed of in above terms

Provisions considered

Key paragraphs

  • Para 22. 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…

Judgment

FIRST APPEAL NO.274 OF 2017 Suman Siyaram Parik Versus ...Appellant 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

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: The appeal is disposed of in above terms

Which statutory provisions did this judgment involve?

Motor Vehicles Act, 1988 — s. 163A.

Which court decided this case, and when?

Bombay High Court, on 24 Mar 2026. The bench was JITENDRA JAIN.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

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