United India Insurance Co. Ltd, Ahmednagar. v. Latabai Dattatraya Shipankar And ANR

552.08fa -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO. 552 OF 2008 WITH CIVIL APPLICATION NO. 1174 OF 2014 United India Insurance Co. Ltd.

Through its Divisional Manager and authorised representative and signatory, Ahmednagar Divisional Office, Kisan Kranti Building, Ahmednagar, Dist. Ahmednagar.

...Appellant versus 1.

Smt. Latabai Dattatraya Shipankar, Age: 35 years, Occ: Agri. & Labour, R/o. Laxmibhau, C.M.E. in front of Plot No. 6, Station Road, Ahmednagar.

2.

Bhaskar Pandurang Kale, Age: Major, Occ: Business, R/o. Karanjgaon, Tal. Newasa, District Ahmednagar

...Respondents

.....

Mr. A.B. Gatne, Advocate for appellant.

Mr. K.S. Bhore, Advocate for respondent No.1. Mr. D.G. Nagode, Advocate for respondent No. 2. .....

CORAM : N.W. SAMBRE, J.

DATE : 7TH MAY, 2015 ORAL ORDER :

In view of law laid down by this Court in the matter of Margappa Shethappa Vadar vs. Proctoor and Gamble India and another reported in 2008(4) Bom. C.R. 820, the parties agree that

552.08fa -2the matter can be remanded back to the tribunal for deciding afresh. 2.

In view thereof, the order dated 27/09/2007 passed by the Motor Accident Claims Tribunal, Ahmednagar in Motor Accident Claim Petition No. 277 of 2001 is set aside. The tribunal is directed to decide the matter afresh the light of above observations expeditiously, in any case within period of six months from today. The amount deposited in the present proceedings be transmitted to learned tribunal, who shall consider the request of the parties for withdrawal of the amount in accordance with law. 3.

The first appeal stands disposed of, in above terms. 4.

Consequently, civil application is disposed of. [ N.W. SAMBRE, J. ] Tupe/07.05.15