The Br. Manager New India ... vs Venkat Ramrao Kanote & Ors
2022 Latest Caselaw 11914 Bom

                                                                              FA-826-03+1.odt




               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                           FIRST APPEAL NO. 826 OF 2003
                                       WITH
                        CIVIL APPLICATION NO. 6601 OF 2003
                                       WITH
                          FIRST APPEAL NO. 3421 OF 2008

New India Assurance Co. Ltd.,
Through it's Divisional Manager, Aurangabad          ..APPELLANT
      VERSUS
Venkat Ramrao Kanote and Another                ..RESPONDENTS

                                     ....
Mr.S.S. Dargad, Advocate h/f Mr.S.S. Chapalgaonkar, Advocate for appellant
                                     ....

                                              CORAM : R.G. AVACHAT, J.
                                              DATE : 21st NOVEMBER, 2022

PER COURT :

1.    The challenge in the first appeal, no. 826 of 2003, is to a judgment and

award dated 21st March, 2003 passed by a Member, Motor Accident Claims

Tribunal, Nanded in Motor Accident Claims Petition No. 349 of 2000. Vide

the impugned judgment and award, a sum of Rs.28,880/- came to be

awarded as compensation alongwith 9% p.a. interest thereon on account of

injury and permanent disability suffered in an accident involving the motor

vehicle.


2.    Respondent No.1 - claimant was travelling in a tempo, bearing

Registration No. MH-24-A-3227 (goods vehicle) on 21 st September, 1999. It

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was his case that he was travelling carrying his own goods and domestic

articles. The said tempo met with an accident. He suffered multiple injuries.

The parties to the claim petition laid evidence. On appreciation of evidence,

the tribunal passed the impugned award.



3.    After having heard learned counsel for the appellant - insurance

company, this Court is not inclined to interfere with the impugned award on

the ground of amount of compensation awarded thereunder. It is made clear

that this Court has not gone into the submissions made by learned counsel for

the appellant, nor has considered the evidence in the matter.


4.    First Appeal No. 3421 of 2008 is not on board. Mentioned. Upon

mentioning taken on board.


5.    The challenge in First Appeal No. 3421 of 2008 is to the order granting

compensation under 'No Fault Liability Claim'. Since First Appeal No. 826 of

2003 is being dismissed, nothing survives in this appeal. The said appeal is

liable to be disposed of as becomes infructuous.


6.    In view of above, following order is passed :-

                                        ORDER

(I) First Appeal No. 826 of 2003 stands dismissed.

(II) In view of dismissal of First Appeal No. 826 of 2003, noting survives in the civil application. Same stands disposed of accordingly.

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(III) First Appeal No. 3421 of 2008 becomes infructuous in view of dismissal of First Appeal No. 826 of 2003 and hence stands disposed of.

(IV) The amount of compensation, if any, in deposit with this Court be paid to Respondent No.1 - claimant immediately with interest accrued thereon.

( R.G. AVACHAT, J. ) SSD

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