Bajaj Allianz General Insurance ... vs Laxmibai Dattatraya Rakh And ...
2017 Latest Caselaw 4588 Bom

                                        1                  FA1308.2016.doc

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       BENCH AT AURANGABAD.


                          8 FIRST APPEAL NO.1308 OF 2016


Bajaj Allianz General Insurance Co. Ltd., 
Through its Authorized Signatory / Branch Manager, 
2nd Floor, Rajendra Bhavan, 
Next to L.I.C. Building 
Adalat Road, Aurangabad                                .. APPELLANT 
                                                 (Orig. Respondent No.4)
             VERSUS

1.       Laxmibai W/o. Dattatraya Rakh
         Age : 43 years, Occu : Household, 

2.       Muktabai D/o. Dattatraya Rakh
         Age : 23 years, Occu : Education,  

3.       Vishwambhar S/o Dattatraya Rakh 
         Age : 21 years, Occu : Education, 

4.       Vaijnath S/o Tukaram Rakh 
         Age : 68 years, Occu : Nil, 

5.       Prayagabai W/o Vaijnath Rakh 
         Age : 63 years, Occu : Household,
         All R/o Hoal, Tal. Kaij, 
         Dist. Beed 

6.       Sanskar Tours and Travels 
         Through its Proprietor, 
         Ashruba S/o Janardhan Lad 
         Age : Major, Occu : Business, 
         R/o. Govindpur, Tal. Kalamb, 
         Dist. Osmanabad 

7.       Laxman S/o Baliram Gute 
         Age : Major, Occu : Driver, 
         R/o Helamb, Tal. Parali V. 
         Dist. Beed. 



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8.       National Insurance Co. Ltd., 
         Branch Manager, Banch Office, 
         Beed                                                         .. RESPONDENT 
                                                                ( Nos. 1 to 5 - Orig. Claimant 
                                                                   No. 6 - Orig Respondent. No. 1 
                                                                   Nos.7 & 8 - Orig. Respondents 
                                                                   No.2 & 3 ) 

                                                      .....

         Advocate for Appellant                            :    Shri. Deshmukh h/f 
                                                                Shri. S.G. Chapalgaonkar  
         Advocate for Respondent No.8 :                         Shri. A.B. Gatne
                                      .....

                                                WITH

                         CIVIL APPLICATION NO.9026 OF 2015
                                 IN FAST/21686/2015


                                                                CORAM : P.R. BORA, J.
                                                                Dated: July 17, 2017


ORAL JUDGMENT :-


.                In the present appeal, the appellant / Insurance Company 

has challenged the order passed by the Motor Accident Claims Tribunal, 

at   Ambajogai   in   Motor   Accident   Claim   Petition   No.162/2012   under 

Section 140 of the Motor Vehicles Act, 1988.   The Insurance Company 

has   deposited   the   amount   of   NFL   compensation   in   this   Court   as   was 

directed by this Court.  



2.               Though   the   original   claimants   are   duly   served   with   the 

notice of final disposal, none of them has appeared in the matter.  



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3.               Today   when   the   matter   was   taken   up   for   hearing,   the 

learned Counsel for the Insurance Company informed that, the original 

claim   petition   is   fixed   for   adducing   evidence   in   the   matter.   In   the 

aforesaid circumstances, it appears to me that, without going into merits 

of the contentions or the objections raised in the present appeal by the 

Insurance Company, the tribunal can be directed to expeditiously decide 

the   petition   before   it,   wherein   it   would   be   open   for   the   Insurance 

Company to raise all the issues which are raised in the present appeal 

and   the   payment   of   NFL   compensation   can   be   made   subject   to   the 

outcome of the main petition.  In view of the above, the following order 

is passed. 


                                        ORDER

1. The Motor Accident Claims Tribunal, Ambajogai is directed to decide the Motor Accident Claim Petition No.162/2012 as expeditiously as possible and preferably within the period of Six Months from the date of this order.

2. The amount of NFL compensation deposited by the Insurance Company in this Court be transmitted to the Motor Accident Claims Tribunal, Ambajogai.

3. The disbursement of the amount of NFL compensation shall be

4 FA1308.2016.doc

subject to the outcome of the Motor Accident Claim Petition No. 162/2012.

4. All the objections raised in the present matter by the parties are kept open.

5. The appeal stands allowed in the aforesaid terms.

6. Pending civil application, if any, stands disposed of.

( P.R. BORA, J. )

ggp