Bajaj Allianz General Insurance Co. Ltd. Aurangabad v. Sarla Subhash Sanap And Others

fa1310-14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO. 1310 OF 2014 (Bajaj Allianz General Insurance Co. Ltd. Vs. Sarla Subhash Sanap and others) ---- Mr. S.G. Chapalgaonkar, Advocate for the appellant Mr. C.P. Patil, Advocate for respondents No. 1 to 4 ---- CORAM : M.T. JOSHI, J.

DATE : 05/02/2015 ORAL ORDER :

1.

Heard both sides.

2.

Both the sides submit that the present first appeal can be disposed of as the evidence in the proceedings under section 166 of the Motor Vehicles Act itself is being recorded by the learned Member of the Motor Accident Claims Tribunal.

3.

In the circumstances, the present appeal is disposed without any order on merit. The learned Member of the Motor Accident Claims Tribunal, Jalgaon is directed to decide afresh the issue of grant of compensation under section 140 of the Motor Vehicles Act at the time of deciding the matter on merits under

fa1310-14 section 166 of the Motor Vehicles Act.

.

The amount deposited in this court be transmitted to the office of the concerned Motor Accident Claims Tribunal, which shall be subject to the final decision in the proceedings under section 166 of the Motor Vehicles Act. The appeal accordingly stands disposed of. No order as to costs.

[M.T. JOSHI] JUDGE npj/fa1310-14