United India Insurance Co. Ltd., Thr Its Div. Manager, Usmanpura, Aurangabad v. Bashir Baba Patel

2024:BHC-AUG:6573

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 901 FIRST APPEAL NO. 2895 OF 2019 WITH CIVIL APPLICATION NO. 10574 OF 2019 IN FA/2895/2019 UNITED INDIA INSURANCE CO. LTD., THR ITS DIV. MANAGER, USMANPURA, AURANGABAD

VERSUS

BASHIR BABA PATEL UNITED INDIA INSURANCE CO. LTD., THR ITS DIV. MANAGER, USMANPURA, AURANGABAD

VERSUS

BASHIR BABA PATEL ...

Mr. R. F. Totala , Advocate for Appellant Mr. G. P. Ghule, Advocate for Respondent No.1 Mr. Shaikh Mujtaba Gulam Mustafa, Advocate for Respondent No.2.

CORAM

: Y. G. KHOBRAGADE, J.

DATE : 22nd March, 2024 ORDER:

1.

The learned counsel appearing for the appellant- Insurance Company, on instructions, seeks leave to withdraw the appeal with liberty challenge the impugned order of no fault lability alongwith final decision. In view of the above, the appeal is disposed of as withdrawn, with liberty as prayed.

2.

Pending Civil application also stands disposed off. 3.

The amount which has been deposited by the appellant before this Court in pursuance of the order dated 29.06.2019 passed by the learned Member, Motor Accident Claim Tribunal below Exh. 5 in MACP

No. 294 of 2017 be remitted back to the M.A.C.T., Aurangabad, if it is not already withdrawn by the respondent/claimant, with accrued interest.

4.

Record and proceedings be remitted to the concerned Court. ( Y. G. KHOBRAGADE, J. ) JPChavan