Sandhya Sanjay @ Rushikesh Jadhav And Oth. v. The Manager, United India Insurance Co. And ORS.

1 22-fa904-2002.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO.904 OF 2002 The United India Insurance Companay Ltd., Through its Divisional Office, Divisional Manager, United India Insurance Company Aurangabad ..Appellant V E R S U S 1 Bhanudas s/o. Baburaoji Misal, Age 55 years, occ. Business, r/o.Jalna(Legal representative Of the deceased Sunil Misal, Driver and owner of the Jeep) r/o. Kedrabad, Jalna 2 Smt. Sandhya w/o. Sanjay @ Rushikesh Jadhav, age 27 years, occ. Household, r/o.

Near Janta High School, Jalna 3 Sow.

Chandraprabha w/o.

Bhikaranrao Jadhav, age 61 years, occ. Household, r/o.

Near Janta High School, Jalna 4 Bhikanrao s/o. Dhajiba Jadhav, age 65 years, occ. Nil, r/o.

Deshmukh Galli, Bhokardhan, Tq. Bhokardhan, Dist.Jalna ..Respondents

2 22-fa904-2002.odt Mr.S.V.Kulkarni, advocate for appellant Mr.J.C.Badve, advocate for respondent nos.2 to 3 WITH CIVIL APPLICATION NO.2207 OF 2000 IN FIRST APPEAL NO.904 OF 2002 1 Smt. Sandhya w/o. Sanjay @ Rushikesh Jadhav, age 27 years, occ. Household, r/o.

Near Janta High School, Jalna and another ..Applicants V E R S U S The United India Insurance Companay Ltd., Through its Divisional Office, Divisional Manager, United India Insurance Company Aurangabad and others ..Respondents Mr.J.C.Badve, advocate for applicants Mr.S.V.Kulkarni, advocate for respondent no.1 CORAM : M.T. JOSHI, J.

DATE : JANUARY 27, 2015 PER COURT :

Heard.

3 22-fa904-2002.odt 2] It is an admitted fact that First Appeal Nos.1058 and 1121 of 2002 are already decided by the Division Bench of this Court, copy of which judgment is annexed at Exhibit "X". All these appeals were filed by the appellants on the same grounds which are raised in the present appeal concerning the same accident, regarding other claimants.

3] Reading of the judgment at Exhibit "X" would show that the Division Bench has considered all the facts as well as the law and came to the conclusion that the appeals are required to be dismissed.

4] For the same reasons, present First Appeal No.904 of 2002 is also dismissed without any order as to costs.

4 22-fa904-2002.odt 5] Both the sides submit that the amount lying in the present appeal may be transmitted to the concerned tribunal.

6] Accordingly, office is directed to remit the amount lying in the appeal to the concerned tribunal.

7] The application for withdrawal of amount does not survive and stands disposed of as such.

[M.T. JOSHI, J.] kbp