Bajaj Allianz General Insurance Co. Ltd v. Monika Satyendra Rathi And ANR
26.WP.1828.2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1828 OF 2024 Bajaj Allianz General Insurance Co. Ltd.
....Petitioner
Versus
Monika Satyendra Rathi & Anr.
....Respondents WITH WRIT PETITION NO.1829 OF 2024 Bajaj Allianz General Insurance Co. Ltd.
....Petitioner
Versus
Babita Sangam Vishwakarma & Ors.
....Respondents WITH WRIT PETITION NO.1826 OF 2024 Bajaj Allianz General Insurance Co. Ltd.
....Petitioner
Versus
Jayshree Rahul Kokate & Ors.
....Respondents Mr. Sarthak S. Diware, for Petitioner.
CORAM: SOMASEKHAR SUNDARESAN, J.
DATE : FEBRUARY 2, 2026 ORDER :
1.
Learned Counsel for the Petitioner points to an Order dated March 4, 2024 passed by the Learned Single Judge of this Court, whereby, based on the submission of the Petitioner that Section 140 of the Motor Vehicles Act, 1988 ("the Act") had been deleted with effect Digitally signed by AARTI GAJANAN PALKAR Date:
2026.02.04 17:49:07 +0530 AARTI GAJANAN PALKAR FEBRUARY 2, 2026 Aarti Palkar
26.WP.1828.2024.doc from April 1, 2022, and the accident having occurred on April 9, 2022 with the claim being filed in September 2022, a Learned Single Judge observed that a case has been made out for grant of ad interim reliefs. 2.
However, on other grounds, the matter had proceeded before the Learned Motor Accident Claims Tribunal, Pune which has now culminated in the order dated September 17, 2025. A copy of said order is tendered across the bar.
3.
Learned Counsel for the Petitioner would submit that if he is granted liberty to file a comprehensive challenge to the order dated September 17, 2025, including the challenge on the ground of deletion of Section 140 of the Act, he would file such a challenge within a period of four weeks. The Petitioner is hereby permitted to withdraw these proceedings and file a composite challenge, subject to compliance with applicable law, including any facet of limitation on filing of such appeal. 4.
The Petitions are hereby finally disposed of in the aforesaid terms.
5.
All actions required to be taken pursuant to this order shall be taken upon receipt of a downloaded copy as available on this Court's website.
[ SOMASEKHAR SUNDARESAN, J.] FEBRUARY 2, 2026 Aarti Palkar