Bombay High Court
The Deputy Chief Engineer ... vs Sunil S/O Madhavrao Ghuge And Ors on 16 August, 2017
Bench: S.B. Shukre
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
FIRST APPEAL No.425 OF 2015
The Deputy Chief Engineer,
(Construction) - I, Central Railway,
Ajni, NAGPUR. : APPELLANT
...VERSUS...
1. Sunil son of Madhavrao Ghuge,
Aged 42 years, Occ. Service,
R/o. Janki Nagar, Shegaon to
Rahatgaon Road, Amravati,
Taluka and District Amravti.
Matter has been
dismissed against 2. Mohd. Riyaj Abdul Nasir,
respondent No.2 & 5 aged Adult, Occupation : Driver,
vide Registrar (J) order Resident of Noor Nagar, Nagpuri Gate,
dt.23.8.2016. Amravati, Taluk and Distt. Amravati.
3. Abdul Shahid Abdul Rahim,
aged Adult, Occupation : Business,
Resident of Pathanpura,
Murtizapur, Taluka Murtizapur,
District Akola.
Matter is dismissed
against respondent Nos.4 4. The Reliance General Insurance
& 5 as per Registrar (J) Company Limited, through its
order dt.7.1.2014. Divisional Manager, Branch at
Amravati, Mal Tekdi Road,
Appeal is restored Taluka and District Amravati.
against respondent Nos.4
& 5 vide Court's order
dt.8.4.2014. Corrected address of Respondent No.4. :
The Reliance General Insurance Company Limited.
Through its Divisional Manager,
VIMCO Tower, 2nd Floor, Station Road,
Amendment carried out
as per Order
above ICICI Bank, Amravaati 444 601.
dt.29.4.2014.
The Reliance General Insurance Co. Ltd.,
Through its Divisional Manager,
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Shop Nos.13,14 & 15,
4th floor, 25 Acres of Township,
Empress Times Square,
Empress City, Sir Bezonji Mehta Marg,
Opp. Gandhisagar Lake, Nagpur.
5. Ramesh Pusdekar, Aged Adult,
Occupation : Driver, Resident of
Sainagar, Amravati, Taluka and
District Amravati.
Corrected address of Respondent No.5. :
Amendment carried out Ramesh Pusdekar, aged Adult,
as per Order Occupation : Driver, Resident of
dt.29.4.2014. Sainagar, Railway Colony, Amravati,
Taluka and District Amravati. : RESPONDENTS
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Shri N.P. Lambat, Advocate for the Appellant.
Shri , Advocate for the Respondent.
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CORAM : S.B. SHUKRE, J.
th
DATE : 16
AUGUST, 2017.
ORAL JUDGMENT :
1. Heard.
2. This appeal has been admitted on 18th November, 2015. The
record and proceedings are also received in this matter. The challenge
made by the appellant involves a small question as to whether or not
50% liability to pay compensation on no fault principle could be fastened
upon the appellant or not. The amount of Rs.25,000/-, has been given as
compensation on account of no fault liability and the insurance company
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has already deposited the same in the Tribunal. It has also been allowed
to be withdrawn by the original claimant i.e. respondent No.1 in the
present appeal. The appellant, by way of statutory deposit, has deposited
in this Court at the time of filing of the appeal an amount of Rs.12,500/-.
The progress of the main petition filed under Section 166 of the Motor
Vehicles Act has been affected because of the pendency of the present
appeal and the record and proceedings of the main petition being called
here for the purposes of this appeal. Since the purpose of respondent
No.1 has already been served in the instant case, when he was allowed to
withdraw the amount of Rs.25,000/- by the Tribunal, I am of the view
that this appeal now can be disposed of by issuing certain directions to
the Tribunal. Accordingly, this appeal would have to be dismissed in the
following manner.
3. The appeal stands dismissed.
4. However, dismissal of the appeal shall not be treated as
deciding interse liability of the appellant and the insurer to pay
compensation on account of no fault liability and same shall be decided
by the Tribunal at the time of final disposal of the main petition.
5. The amount of Rs.12,500/- deposited in this Court shall be
transferred to the Tribunal with interest, if any, and it shall not be
permitted to be withdrawn by any party to the petition and it shall be
subject to the outcome of the petition.
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6. The main petition shall be disposed of within six months
from the date of receipt of the record and proceedings by the Tribunal.
7. Record and proceedings be immediately sent back to the
Tribunal.
8. The parties to bear their own costs.
JUDGE
okMksns
