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Bombay High CourtFA/1015/2015rejected at admission stage

Bharti Axa General Insurance Company Ltd.Thr Its Manager Idris Khanwala v. Kalpana Nitin Kochure And Others

2015-06-08Hon'Ble Shri Justice Nitin W. Sambre2 pages

1015.15fa -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO. 1015 OF 2015 Bharati Axa General Insurance Co. Ltd.

...Appellant versus Kalpana Nitin Kochure & ors

...Respondents

.....

Mr. S.S. Patil, Advocate for appellant .....

CORAM : N.W. SAMBRE, J.

DATE : 8TH JUNE, 2015 ORAL ORDER :

Present appeal is against the order passed by the M.A.C.T. Jalna, ordering payment under No Fault Liability. 2.

Learned Counsel for the appellant strenuously urged that the insured vehicle was stationaring, which was given dash by the deceased from back side, as such, the application ought not to have been entertained.

3.

If the above referred contentions are accepted, same will be contrary to the very scheme of provisions of Motor Vehicles Act in relation to award of compensation.

1015.15fa -24.

As such, present appeal which is devoid of merit, stands rejected.

[ N.W. SAMBRE, J. ] Tupe/08.06.15