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Bombay High CourtFA/3942/2017disposed offdismissed for default

Reliance General Insurance Co., Thr Its Manager, Aurangabad v. Mahananda Somnath Aghav And ORS

2019-03-06Hon'Ble Shri Justice P.R. Bora2 pages

{1} FA 3942 OF 2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 938 FIRST APPEAL NO.3942 OF 2017 RELIANCE GENERAL INSURANCE CO., THR ITS MANAGER, AURANGABAD

VERSUS

MAHANANDA SOMNATH AGHAV AND ORS ...

Advocate for Appellant : Shri S.S.Patil h/f. Shri Rohit H. Dahat Advocate for Respondent Nos.1 to 5 : Shri Sandeep D. Munde ...

CORAM : P.R.BORA, J.

DATE: 6th March, 2019 PER COURT:- The appellant Insurance Company has preferred the present appeal against the order passed by the Motor Accident Claims Tribunal at Ambajogai on 20.06.2017 under Section 140 of the Motor Vehicles Act, 1988, in Motor Accident Claim Petition No.129 of 2014.

When the present appeal is taken up for hearing, it is informed that Motor Accident Claim Petition No.129 of 2014, is now fixed for recording of evidence by the Tribunal. In view of the fact that now the entire claim petition is likely to be disposed of within a shorter period, there seems no propriety in going into the merits of objections raised in the present appeal. In the above circumstances, the following order is passed:-

{2} FA 3942 OF 2017

ORDER

I) The Motor Accident Claims Tribunal, Ambajogai, is directed to decide the Motor Accident Claim Petition No.129 of 2014, as expeditiously as possible and preferably within a period of four months from the date of this order.

II) The amount of no fault liability compensation deposited by the appellant Insurance Company in this Court be transmitted to the Motor Accident Claims Tribunal, Ambajogai.

III) The release of the amount of no fault liability compensation shall be subject to outcome of the aforesaid claim petition.

IV) The contentions raised by the appellant as well as by the respondents in relation to the impugned order are kept open to be agitated before the Tribunal at the time of final argument of the aforesaid claim petition.

V) The appeal stands allowed in the aforesaid terms.

(P.R.BORA) JUDGE SPT