Smt. Ratna Ravindra Khairnar And Ors vs Shri. Ramesh Trambak Kakulate And Ors
2024 Latest Caselaw 24221 Bom

Bombay High Court

Smt. Ratna Ravindra Khairnar And Ors vs Shri. Ramesh Trambak Kakulate And Ors on 16 August, 2024

Author: M.M. Sathaye

Bench: M.M. Sathaye

                                                                                                  42 FA-425-2023.doc




                                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                   CIVIL APPELLATE JURISDICTION

                                                         FIRST APPEAL NO. 425 OF 2023

                               Smt. Ratna Ravindra Khairnar And Ors.                            ...Appellant
                                      Versus
                               Shri. Ramesh Trambak Kakulate And Ors.                           ...Respondents

                                                                ***
                               Mr. Rohit D. Garade i/b. Mr. R. N. Gite, for Appellant.
                               Mr. Akshay Kulkarni i/b. Mr. Sarthak Diwan, for Respondent No.3.
                                                                ***
           Digitally signed
           by
HUSENBASHA HUSENBASHA
RAHAMAN    RAHAMAN
           NADAF
NADAF
           Date: 2024.08.16
           18:57:27 +0530
                                                                         CORAM : M.M. SATHAYE, J.

                                                                         DATE         : 16 AUGUST 2024

                               P.C. :

1. Heard learned counsel for the Appellants/Claimants and learned counsel for the Respondent No. 3 - Insurance Company.

2. This is a death claim. By the impugned Judgment and Award, the Motor Accident Claim Tribunal has granted the claim only against original opponent Nos.1 and 2 i.e. driver/owner of the offending vehicle. Prima facie the Tribunal has exonerated the Insurance Company on the ground of driver not holding driving license of proper type. Perusal for the Appeal memo shows that grounds, both for enhancement of the Award amount and holding Insurance Company liable, are taken.

3. In that view of the matter, issue notice for final disposal returnable on 23 September 2024. Learned counsel for Respondent No. 3- Insurance Company waives service. In addition of court notice,

42 FA-425-2023.doc

private notice is permitted.

4. The Appellants are at liberty to file compilation of the documents including pleadings and oral as well as documentary evidence which was on record of the Tribunal, so that an endeavor can be made to hear and dispose of this Appeal at admission stage.

5. Stand over to 23 September 2024.

(M.M. SATHAYE, J.)