Kailas Dnyandev Shekade v. Pradeep Baban Survekar And Others

905.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO. 1259/2015 KAILAS DNYANDEV SHEKADE.

VERSUS

PRADEEP BABAN SURVEKAR AND OTHERS.

...

Advocate for the applicant : Mr. N.K. Tungar. Advocate for the respondents : Mr. S.G. Chapalgaonkar

CORAM

: K. L. WADANE, J.

DATE :

5th December, 2017 ORDER:

1.

With the consent of the parties this appeal is taken up for final hearing.

2.

Heard learned counsel for the appellant as well as learned counsel for the respondents.

3.

This is an appeal arising out of the order passed below Exh. 5 in M.A.C.P. No. 59/2014, by Member, Motor Accident Claims Tribunal, Beed. By the order dated 21.01.2015 the Member of the Motor Accident Claims Tribunal, Beed, has rejected the application Exh. 5 i.e. the application for the compensation on account of 'no-fault liability'.

4.

During the course of arguments both the learned 1/2

905.odt counsel have submitted that due to the calling of the record and proceedings, the trial of the main petition is held up before the learned Tribunal. Both of them have submitted that by giving time bound direction to the Tribunal this appeal may be disposed of.

5.

In view of the above, First Appeal No. 1259/2015 is disposed of with direction that the learned Tribunal shall dispose of the application under section 166 of the Motor Vehicles Act, within a period of six months from the receipt of the record and proceedings. 6.

Parties are directed to appear before the learned Tribunal on 04.01.2018.

7.

The record and proceedings be sent to the learned Tribunal forthwith.

(K.L.WADANE,J.) mkd 2/2