Ashabai W/O Milindrao Telang v. The Oriential Insurance Co. Ltd., Thr. Its Manager, Nagpur And Another

2023:BHC-NAG:15525 1 182-FA673-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR FIRST APPEAL NO.

OF 20 (ASHABAI MILINDRAO TELANG..VS.. THE ORIENTAL INSURANCE CO. LTD. & ANR.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Kunal P. Mirache, Advocate for Appellant. Shri Ashish Paunikar, Advocate for Respondent No.1. CORAM : A NIL S. KILOR , J.

DATED : OCTOBER 20 , 20 .

1.

Heard.

2.

The Motor Accident Claims Tribunal has allowed the application directing to pay Rs.25,000/- under No Fault Liability (NFL) by the owner of the vehicle involved in the accident. However, the appellant submits that such direction ought to have given to the Insurance Company. Thus, for the limited purpose the NFL amount shall be paid by the Insurance Company and not by the owner, the present appeal came to be filed by the appellant.

3.

I do not find any merit in the submissions and after recording the evidence and at the time of final decision in the matter, the Tribunal may determine whether it is the liability of the Insurance Company or the owner.

2 182-FA673-2022 4.

In the circumstances, the First Appeal is dismissed. No order as to costs.

JUDGE RRaut..