New India Insurance Co. Ltd. v. Sangita Sundar Puri And ORS

(1) 926 FA-841.2017.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 926 FIRST APPEAL NO. 841 OF 2017 NEW INDIA ASSURANCE CO. LTD. THROUGH ITS BRANCH MANAGER, BEED

VERSUS

SANGITA SUNDAR PURI AND OTHERS ...

Mr. S.V. Kulkarni, Advocate for the applicant. Mr. S.S. Dargad, Advocate for the respondents. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

02.08.2023.

ORDER:- .

Heard rival submissions. It appears that the present appeal is filed against the order under Section 140 of the Motor Vehicles Act based on the principal of "no fault liability". However, during pendency of appeal, the main claim petition under Section 166 of M.V. Act has been decided and the judgment and award passed in that petition is also challenged by the Insurance Company vide First Appeal No. 3568 of 2019. As such, when the final order is under challenge in the main accident claim petition, there is no need to proceed with the present appeal. As such, the First Appeal No. 841 of 2017 stands disposed of. The statutory amount of Rs. 25,000/- in this appeal be transmitted in the First Appeal No. 3568 of 2019.

(SANDIPKUMAR C. MORE, J.) vd_dhirde