Sheela Ganesh Kale And Others v. National Insurance Co Ltd Through Its Branch Manager And Others

WP No. 10517/2016

IN THE HIGH COURT AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD 968 WRIT PETITION NO. 10517 OF 2016 SHEELA GANESH KALE AND OTHERS

VERSUS

NATIONAL INSURANCE CO LTD THROUGH ITS BRANCH MANAGER AND OTHERS ...

Advocate for Petitioners : D.A. Mane h/f. Bharat Pankaj A Advocate for Respondent 1 : A.S. Usmanpurkar Advocate for Respondent 2 & 3 : G.B. Kulkarni ...

CORAM : T.V. NALAWADE, J.

DATED : 7th December, 2016.

ORDER :

1.

The petition is filed to challenge the order made by Member of Motor Accident Claims Tribunal, Jalna in Claims Petition No. 147/2015. Application at Exh. 17 and pursis at Exh. 18 were filed by the present petitioners in the Jalna Court and they had requested for permission to withdraw their proceeding to their extent as they had filed proceeding before Claims Tribunal, Aurangabad. After hearing both the sides which includes in-law of petitioner No. 1, the application is rejected. 2.

It is unfortunate that in the present matter the widow of the deceased and the parents of the deceased are fighting against each other. It appears that one proceeding was filed in Jalna on 24th of August and that was for parents, widow and

WP No. 10517/2016 issues of the deceased and then second proceeding came to be filed in Claims Tribunal, Aurangabad on 26th and that was only for widow and issues of deceased. The learned counsel for present petitioner, widow submitted that subsequently application was moved before the Tribunal for giving permission to add the parents of the deceased also as party respondent. 3.

In view of the aforesaid circumstances, the Tribunal from Jalna rejected the permission to withdraw the proceeding. 4.

It will be open to both the sides to move this Court for bringing the two matters together in one Court. With this observation, the proceeding is disposed of.

[ T.V. NALAWADE, J. ] ssc/