Icici General Insurance Co Ltd. v. Laxman Daulatrao Shelke And ORS

10-11 fa.863.09 and fa871.09.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

APPELLATE SIDE JURISDICTION FIRST APPEAL NO. 863 OF 2009 ICICI GENERAL INSURANCE CO LTD.

VERSUS

LAXMAN DAULATRAO SHELKE AND OTHERS ...

Advocate for Appellant : Mr. S. S. Patil.

Advocate for Respondent No.1 : Mr. Sanjay V. Mundhe. ...

WITH FIRST APPEAL NO. 871 OF 2009 ICICI GENERAL INSURANCE CO LTD.

VERSUS

SURESH PIRAJI PATIL AND OTHERS ...

Advocate for Appellant : Mr. R. H. Dahat. & Mr. S. S. Patil. Advocate for Respondent No.1 : Mr. Sanjay V. Mundhe. Advocate for Respondent No.3 : Mr. A. S. Shelke. ...

CORAM :

P. R. BORA, J.

DATE :

08th August, 2016.

ORDER:

.

When the present appeals are taken up for hearing, Shri Munde, learned counsel for the Claimants in both the matters, submitted that the claim petitions filed under Section 166 of the Act arising out of the same accident have been finally decided by the Motor Accident Claims Tribunal, Latur. Admittedly, the present appeals are arising out of NFL order passed in two matters arising out

10-11 fa.863.09 and fa871.09.odt of the same accident.

In view of the fact that the Tribunal has decided the companion claim petitions arising out of the same accident, it would be appropriate that MACP No.57 of 2008 and MACP No.59 of 2008, the no fault liability orders passed wherein are challenged in the present appeals are also decided on merits by the Tribunal. In the circumstances, keeping all legal issues open, which are raised in the present appeals by the Appellant / Insurance Company for to be agitated before the Tribunal, the present appeals stand disposed of. The amounts deposited in the present matters be transmitted to the Motor Accident Claims Tribunal, at Latur.

[ P. R. BORA, J. ] ndm