The National Insurance Co.Ltd., Thr Its Authorized Signatory, Aurangabad v. Hanmabai Ramchandra Kharate And ORS

2024:BHC-AUG:15571 {1} fa3792-19.doc drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO.3792 OF 2019 The National Insurance Co. Ltd., Through its Authorized Signatory, Aurangabad APPELLANT

VERSUS

Hanmabai Ramchandra Kharate and Others RESPONDENTS .......

Mr. Ajit B. Kadethankar, Advocate for the appellant Mr. Taher Ali Quadri, Advocate for respondents No.1 to 6 .......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 24 th JULY, 2024 ORDER :

1.

This first appeal, filed by Insurance Company, challenges quantum of compensation awarded by Motor Accident Claims Tribunal, Nanded in MACP No. 519 of 2012.

2.

Accident has taken place on 7th June, 2011, when husband of claimant No.1 was riding motorcycle No. MH-26/J-5397. Shankar Lashkare was pillion rider.

3.

Indisputably, claim was also filed for compensation by heirs of Shankar Lashkare, which was partly allowed by the Tribunal, like the present one. The Insurance Company challenged the judgment and Award passed in MACP No. 509 of 2012 in case of Shankar Lashkare, which is dismissed by this Court, by a

{2} fa3792-19.doc reasoned order dated 29th January, 2024 passed in First Appeal No. 1857 of 2019.

4.

For the reasons recorded in order dated 29th January, 2024 passed by this Court in First Appeal No. 1857 of 2019, present first appeal is dismissed.

5.

Claimants are permitted to withdraw the amount deposited by Insurance Company in this Court along with accrued interest. [NITIN B. SURYAWANSHI] JUDGE drp/fa3792-19.doc