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Bombay High CourtFA/1749/2017disposed off

United India Insurance Co. Ltd., Thr Its Div. Manager, Aurangabad v. Ujawala Santosh Gaikwad And ORS

2021-08-25Hon'Ble Shri Justice R. G. Avachat2 pages

995-FA-1749-17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO. 1749 OF 2017 United Indian Insurance Co. Ltd.

Through Branch Manager, Beed ..APPELLANT

VERSUS

Ujawala Santosh Gaikwad and Others ..RESPONDENTS ....

Mr. S.G. Chapalgaonkar, Advocate for appellant Mr. Moinpasha Shaikh Farid, Advocate h/f Mr. A.L. Kanade, Advocate for respondent nos. 1 to 4 ....

CORAM : R.G. AVACHAT, J.

DATED : 25th AUGUST, 2021 PER COURT :

1.

Heard.

2.

This appeal is filed against order dated 02nd March, 2017 passed by the Motor Accident Claims Tribunal, Beed, below Exhibit 5 in M.A.C. No. 181 of 2015, under Section 140 of the Motor Vehicles Act, i.e. the order granting compensation under no fault liability claim. 3.

If the appeal is heard on merits, there is every possibility of tribunal being influenced by the observations likely to be made while deciding this appeal. In the fitness of things, it would be desirable 1 / 2

995-FA-1749-17.odt to direct the tribunal to decide the claim petition at the earliest and preferably within a period of eight months from the date of receipt of copy of this order. The amount of compensation deposited in this Court, be remitted back to the tribunal, to abide by the final order to be passed in the claim petition. All contentions are kept open.

4.

First appeal stands disposed of accordingly.

( R.G. AVACHAT, J. ) SSD 2 / 2