Maharashtra State Road Transport Corporation v. Smt. Bebi Gorakh Hol And ORS

1 11 to 34 FA-135-2012.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION (SR. NO. 11) FIRST APPEAL NO. 135 OF 2012 Reliance General Insurance Co. Ltd.

Smt. Meena Dilip Geete And Others (SR. NO. 12) FIRST APPEAL NO. 511 OF 2012 SNEHA NITIN CHAVAN by SNEHA NITIN CHAVAN Date: 2024.08.16 18:16:52 +0530 The New India Assurance Co Ltd Pankaj Babulal Shaha And Anr (SR. NO. 13) FIRST APPEAL NO. 602 OF 2013 United India Insurance Co. Ltd.

Bandu Ganpati Gurav And Anr (SR. NO. 15) FIRST APPEAL NO. 100 OF 2014 The New India Assurance Co. Ltd.

Navinbhai Meghajibhai Patel And Others (SR. NO. 16) REJECTED CASE NO. 1040 OF 2014 IN FIRST APPEAL (ST) NO. 2179 OF 2009 The New India Assurance Co. Ltd.

Babybai Somnath Dhikle And Othrs.

2 11 to 34 FA-135-2012.doc (SR. NO. 17) REJECTED CASE NO. 2352 OF 2016 IN FIRST APPEAL (ST) NO. 21804 OF 2008 The United India Insurance Co Ltd.

Pravin Kanaiyalal Pagare And Anr (SR. NO. 18) FIRST APPEAL (ST) NO. 19849 OF 2018 Shri. Namdev M. Mhatre Smt. Padma Deelip Sonawane (widow Of Deceased Deelip Sonawane)and Ors.

(SR. NO. 19) FIRST APPEAL (ST) NO. 37392 OF 2018 New India Assurance Co. Ltd.

Mr. Hasnain Maqbool Shaikh And Anr.

(SR. NO. 20) FIRST APPEAL NO. 26 OF 2019 National Insurance Company Limited Through Its Mumbai Regional Office - III Smt. Vijaylaxmi Khandu Patil And Ors.

(SR. NO. 21) FIRST APPEAL NO. 284 OF 2019 The Oriental Insurance Company Ltd.

Through Motor Third Party Claim Hub Smt. Sheeladevi Lalbahadur Dhiwar(widow Of Deceased)

3 11 to 34 FA-135-2012.doc (SR. NO. 22) FIRST APPEAL NO. 698 OF 2019 Reliance General Insurance Co. Ltd.

Shri. Sitaram Ganpat Shelar and Anr.

(SR. NO. 23) FIRST APPEAL NO. 720 OF 2019 Maharashtra State Road Transport Corporation Smt. Bebi Gorakh Hol And Ors.

(SR. NO. 24) REJECTED CASE NO. 1767 OF 2019 IN FIRST APPEAL (ST) NO. 21824 OF 2010 Maharashtra State Road Transport Corporation Priyanka Prashant Nishane @ Bhavsar And Anr.

(SR. NO. 25) FIRST APPEAL (ST) NO. 4445 OF 2019 Reliance General Insurance Co. Ltd.

Smt. Vidya Dashrath Kenjale and Anr.

(SR. NO. 27) FIRST APPEAL (ST) NO. 93951 OF 2020 SBI General Insurance Co. Ltd Pulin Nitin Shah And Anr.

4 11 to 34 FA-135-2012.doc (SR. NO. 28) FIRST APPEAL NO. 212 OF 2021 Magma HDI General Insurance Co. Ltd. thr.

Its Authorised Signatory Rupali Bhimrao Shinde And Ors.

(SR. NO. 29) FIRST APPEAL NO. 504 OF 2022 United India Insurance Co Ltd Nirmala Wd/o Ramesh Kakkar And Ors (SR. NO. 30) FIRST APPEAL NO. 519 OF 2022 The New India Assurance Co. ltd. Through Its Branch Manager Smt. Monika Kiran Kudale And Ors.

(SR. NO. 31) FIRST APPEAL NO. 1142 OF 2022 Reliance General Insurance Company Limited Mrs. Supriya Suresh Kadu And Ors.

(SR. NO. 32) FIRST APPEAL NO. 1366 OF 2022 Duryodhan Balu Kadam Sanjay Sadashiv Mhetre And Anr.

5 11 to 34 FA-135-2012.doc (SR. NO. 34) FIRST APPEAL (ST) NO. 10234 OF 2022 Bajaj Allianz General Insurance Company Ltd., Pune Mahendra Shankar Dudhal And Anr.

**** (Sr. No.11) Mr. Mehta i/b KMC Legal (thru V.C.) for the Appellant. Ms. Neha Zanje i/b Suresh Sabrad for Respondent Nos. 1 to 3. (Sr. No.12) None for the Appellant.

Mr. T. J. Mendon for Respondent No.1.

(Sr. No.13) None for the Appellant.

Mr. Kirankumar Phakade for Respondent No.1.

(Sr. No.15) None for the Appellant.

Ms. Poonam Mittal for Respondent No.5.

(Sr. No.16, 17 & 18) None for the parties.

(Sr. No.19) Ms. Jyoti Bapayee for the Appellant. (Sr. No.20) Mr. P. A. Narayanan for the Appellant. (Sr. No.21) None for the Appellant.

Mr. T. J. Mendon for Respondent Nos. 1 to 7.

(Sr. No. 22) Ms. Shalini Shankar for the Appellants. (Sr. Nos. 23 and 24) Ms. P.M. Bhansali i/b G.S. Hegde and Asso. For the Appellant.

(Sr. No. 25) Ms. Shalini Shankar for the Appellants. (Sr. No.27) Ms. Shalini Shankar for the Appellant. Mr. T. J. Mendon for Respondent No.1.

6 11 to 34 FA-135-2012.doc (Sr. No.28 and 29) None for the parties.

(Sr. No.30) Mr. Rajesh Kanojia i/b Res Juris for the Appellant. (Sr. No.31) None for the parties.

(Sr. No.32) Mr. Balwant Salunkhe for the Appellant. Mr. Sharad Bhosale i/b Dilip Bodake for the Respondents. (Sr. No.34) None for the parties.

**** CORAM :

M.M. SATHAYE, J.

DATE :

16 AUGUST 2024 P.C. :

.

The above First Appeals are listed under an office submission dated 26 June 2024, because the Statutory deposit amounts deposited by the respective Appellants (Insurance Company or Owner / Driver as the case may be under Section 173 of The Motor Vehicle Act, 1988) at the time of filing appeals in this Court, are either lying with the Registry or invested through this Court. It appears that necessary directions/orders about withdrawal/ transfer/refund etc. of these Statutory deposits have remained to be passed. As per office submission, this situation may result in these amounts being treated as 'lapsed deposits' under the applicable procedure.

2.

Therefore, it is directed that all the statutory amounts deposited in the above appeals, shall be transferred to the concerned Tribunals alongwith accrued interest as soon as

7 11 to 34 FA-135-2012.doc possible. The parties are at liberty to apply before the concerned Tribunals for appropriate orders of withdrawal / adjustment/ refund etc. which will be decided by the concerned Tribunals, on case to case basis, after hearing all concerned. 3.

This order does not change the stage or nature of the above appeals as they stand today, and future course thereof will be governed in accordance with law.

(M.M. SATHAYE, J.)