M/S. Shriram General Insurance ... vs Allauddin Bashirsab Momin And Anr
2021 Latest Caselaw 6237 Bom

                                                                       fa264.21
                                         1



       IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                               BENCH AT AURANGABAD


                    924 FIRST APPEAL NO.264 OF 2021
                  WITH CA/2709/2021 IN FA/264/2021

   M/S. SHRIRAM GENERAL INSURANCE CO. LTD., THROUGH ITS
                         MANAGER
                          VERSUS
         ALLAUDDIN BASHIRSAB MOMIN AND ANOTHER

                  ...
      Mr.V.N. Upadhye Advocate for Appellant.
      None present for respondents.
                  ...

                  CORAM: ANIL S. KILOR, J.

                  DATE :       7th APRIL, 2021

 ORDER :

1. Heard Shri Upadhye, learned counsel for the insurance

company. He submits that the only ground of challenge in the

present appeal is, whether once the matter was settled before

the Lok Adalat in a proceeding filed under Motor Vehicles Act and

once the claimants have accepted Rs.50,000/- towards

settlement in a claim filed under the Motor Vehicles Act, can

there be a second claim petition maintainable under Employee's

Compensation Act. He has placed reliance, for this purpose, on a

Judgment of the Hon'ble Supreme Court of India in the case of

fa264.21

Oriental Insurance Company Ltd. vs. Dyamavva and

others1.

2. None for the respondents though served. However, to give

one opportunity to the respondents - claimants, matter is

adjourned for two weeks.

3. The parties are put to notice that on the next date the

matter may be decided finally as record and proceeding is

already received in this matter.

4. Stand over to 21st April, 2021.

                                                [ANIL S. KILOR, J.]

 asb/APR21




 1    2013(9) SCC 406