Reliance General Insurance Co. Ltd., Thr Its Div Manager And ANR v. Minabai Dhondiba Kendre And ORS
1 906 ca 8149-18
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 906 FIRST APPEAL (STAMP) NO.13980 OF 2018 WITH CIVIL APPLICATION NO.8149 OF 2018 WITH CIVIL APPLICATION NO.3787 OF 2019 Reliance General Insurance Co. Ltd., Through its Divisional Manager, Son Plaza, 2nd Floor, Subhash Chowk, Murarji Peth, Dist. Solapur.
Reliance General Insurance Co. Ltd.
Through its Divisional Manager, Yogesh s/o Diliprao Dhase Age : 32 years, Occu.: Service, R/o.: C-9, 10, ABC Complex, 2nd foor, Near Man-mandir, Adalat Road, Aurangabad.
...
APPELLANTS (Orig. Res. no.2 & 3)
VERSUS
Minabai w/o Dhondiba Kendre, Age ; 40 years, Occu.: Household, Shivshankar s/o Dhondiba Kendre, Age ; 20 years, Occu.: Education, Ganesh s/o Dhondiba Kendre, Age : 18 years, Occu.: Education Sharjabai w/o Nivratti Kendre, Age : 60 years, Occu.: Household, All R/o.: Sheilali, Kandhar, Tq. Kandhar, District : Nanded ...
Claimants 5.
Dnyaneshwar s/o Bapurao Gandalwad, Age : Major, Occu.: Business
2 906 ca 8149-18 (Owner of auto rickshaw MH-26/AC-4166) R/o.: Pethwadaj Tq. Kandhar, District : Nanded ...
RESPONDENTS (Res.nos.1 to 4 orig.
claimants & res.no.5 Orig. respondent no.1) ...
Advocate for Appellants : Mr. A. S. Usmanpurkar Advocate for Respondent Nos.1 to 4 : Mr. Quadiri Taher Ali ....
CORAM :
SANDIPKUMAR C. MORE, J.
DATED : 24/11/2022.
ORAL JUDGMENT :
Heard rival submissions.
The Civil applications for service to respondent No.5 by paper publication and for the delay condonation are pending. However, since both the counsel are requesting for remand of the matter for deciding the application Exh.5 afresh, the notice to respondent No.5 is dispensed with and the delay of only fve days stands condoned. Accordingly Civil Applications No.8149 of 2018 and Civil Application No.3787 of 2019 are disposed of and appeal be registered.
The appellant insurance company has challenged the order dated 02/01/2018 passed by the learned Tribunal Kandhar below Exh-5 i.e. the application under Section 140 of M.V. Act, 1988 in MACP No. 55 of 2016. Though the matter is pending for serving notice to respondent No.5 i.e. the owner of alleged offending
3 906 ca 8149-18 Autorikshaw, but the rival counsel submit that this court in other similar appeal vide order dated 26/09/2022 has remanded the matter back to the concerned MACT for deciding the application Exh.-5 afresh alongwith the main claim petition under Section 166 of M. V. Act.
It appears that there is dispute between contesting parties as to whether the insurance company of the offending rickshaw covers the liability of paying compensation. It appears that for deciding such issue the evidence will be required and that can be done at the fnal hearing of main claim petition. In view of the same and relying on the submissions of rival counsel following order is passed :
ORDER
The appeal is hereby allowed and impugned order below Exh.5 dated 02/01/2018 passed by the learned Tribunal in MACP No.55 of 2016 is hereby set aside and the learned Tribunal is directed to decide the application Exh-5 afresh alongwith main claim petition under Section 166 of M. V. Act on its own merits.
The amount of Rs.50,000/-deposited by the appellant insurance insurance company be transmitted to the concerned MACT, Kandhar and the withdrawal of said amount will be subject to fnal out come of the MACP No. 55 of 2016.
4 906 ca 8149-18 The learned MACT, Kandhar is directed to dispose of the main claim petition alongwith Exh.-5 as early as possible.
The R & P be sent back forthwith.
5.
Pending civil application, if any, stands disposed of.
6.
The appeal is accordingly disposed of.
( SANDIPKUMAR C. MORE, J. ) VS Maind/-