New India Insurance Company Ltd ... vs Shruti Asaram Shinde U/G Suman ...
2021 Latest Caselaw 5817 Bom

                                                                     fa1140.17
                                        1



      IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                               BENCH AT AURANGABAD


                       FIRST APPEAL NO.1140 OF 2017

 New India Insurance Company Ltd.,
 Through its Branch Manager,
 Parag Plaza, Shivaji Cross Road,
 Shrirampur, District-Ahmednagar,
 Through its Divisional Manager/
 Authorized Signatory, Mahesh Auto
 Compound, Adalat Road, Aurangabad.
                                                      ...APPELLANT
                                             (Orig. Respondent No.3)
        VERSUS

 1) Shruti @ Shrushti D/o Asaram Shinde
    Age-14 years, Occu:Education,
    Being Minor Under Guardianship of
    Natural Mother, Suman Asaram Shinde,
    Age-37 years, Occu:Service,

   R/o- Newasa Phata, Tq-Newasa,
   District-Ahmednagar.

 2) Shaikh Jabbar Shaikh Rehman,
    Age-Major, Occu:Agriculture,
    R/o-Amba, Tq-Kannad,
    Dist-Aurangabad,

 3) Shaikh Salman Shaikh Mohammad,
    Age-Major, Occu:Driver,
    R/o-Andhaner, Tq-Kannad,
    Dist-Aurangabad.
 (Name of Respondent No.3 deleted as
  per Court's order dated 07/02/2019)
                                                      ...RESPONDENTS
                                  (Resp. No. 1 - Orig. Claimant
                                 Resp. Nos.2&3 - Orig. Resp. No.1 & 2)




::: Uploaded on - 06/04/2021                    ::: Downloaded on - 04/09/2021 12:38:52 :::
                                                                         fa1140.17
                                         2


                  ...
      Mr.S.G. Chapalgaonkar Advocate for Appellant.
      Mr.Ram B. Deshpande Advocate for Respondent No.1.
      Mr.H.D. Deshmukh Advocate for Respondent No. 2.
      Name of Respondent No. 3 deleted.
                  ...

                CORAM:         ANIL S. KILOR, J.

                 DATE :        31st MARCH, 2021


 ORAL JUDGMENT :


 1.               This is an appeal filed by the insurance company

 challenging the Judgment and order dated 10 th May 2016 passed

 by the District Judge-1 and Additional Sessions Judge, Newasa,

 District-Ahmednagar in Motor Accident Claim Petition No. 202 of

 2014.



 2.               In view of the Judgment passed in First Appeal

 No. 1260 of 2017, no challenge survives in the present matter.

 Accordingly, I pass the following order:



                               ORDER

(I) The Appeal is dismissed.

fa1140.17

(II) The claimant is permitted to withdraw the

amount deposited by the insurance company in this

Court, along with interest accrued thereon, if any,

as per the directions given in the Judgment of the

District Judge.

(IV) No order as to costs.

[ANIL S. KILOR, J.]

asb/MAR21