New India Assurance Company Ltd Aurangabad Thr Divnl Manger Aurangabad v. Sindhu Dashrath Pardeshi And ORS

1 22 CA-2415-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO. 2415 OF 2016 NEW INDIA ASSURANCE COMPANY LTD AURANGABAD THR DIVNL MANGER AURANGABAD

VERSUS

SINDHU DASHRATH PARDESHI AND OTHERS ...

Advocate for Appellant : Mr. S. G. Chapalgaonkar. Advocate for Respondents No. 1 to 4 : Mr. R. R. Imale. Advocate for Respondent No.5 : Mr. K. D. Bade Patil. ...

CORAM : K.K. SONAWANE, J.

DATED : 25TH SEPTEMBER, 2017.

Order :- Heard Mr. S. G. Chapalgaonkar, learned counsel for appellant- New India Assurance Company Limited Aurangabad. He submits that present appeal is filed against impugned Judgment and Award passed by the learned Tribunal under Section 140 of the Motor Vehicles Act for "No Fault Liability". But, when the present appeal is pending before this court, the learned Tribunal has already decided the main petition vide Motor Accident Claim Petition No. 141 of 2010 on merit. Therefore, the present appeal has become infructuous one and deserves to be disposed of.

2.

In view of aforesaid submission, appeal stands disposed of being infructuous one. The amount of compensation deposited in this appeal be transmitted to the concerned learned Motor Accident Claim Tribunal, Beed in Motor Accident Claim Petition No. 141 of 2010 for it's further process and disbursement amongst the claimants according to the order passed by the learned Tribunal.

[ K. K. SONAWANE ] JUDGE rrd.