Tag: Compensation Motor Accident Claim Other Injury

Order - Status 6: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.502 OF 2013 Office Notes, Office Memoranda of appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders Ms.Poonam Mital Advocate for Appellant. None for the Respondent. CORAM: A.P. BHANGALE, J. DATED : 23rd September 2013. P.C. : Stand over to 30.9.2013. ( A.P. BHANGALE, J. )

Order - Status 10: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE FIRST APPEAL NO. 502 OF 2013 WITH CIVIL APPLICATION NO. 4634 OF 2008 IN FIRST APPEAL NO. 502 OF 2013 THE NATIONAL INSURANCE CO. LTD. .. APPELLANT VERSUS SANJAY GANPATI LOHAR & ANR... RESPONDENTS Ms. Poonam Mital, Advocate for the appellant CORAM:-A. P. BHANGALE, J. DATED : 30/9/2013 P.C. Heard. 2 According to learned advocate for the appellant, main insurance policy is not operative as cheque issued towards payment of premium was dishonoured and insurance policy could not come in operation. The insurer would not be liable to pay compensation to the claimant. However, it is FA502.13 submitted that the amount of award is already deposited with the tribunal. That being so, considering the impugned judgment and award, the tribunal can execute the award provided that, if amount is allowed to be withdrawn by the claimants along with interest as ordered, the security to the satisfaction of the tribunal be insisted upon until insurer (appellant) can move the tribunal with the application to disown the liability to pay compensation, on the ground that policy was not subsisting on the date of the award or at the time of the accident. 3 Liberty, accordingly for the appellant to move the tribunal. However, in my opinion, when third party is a victim of motor vehicle accident, the contention that insurance policy was cancelled prior to the date of accident as a result of dishonour of cheque issued towards premium, would not be an excuse for not to pay the award amount. Of course considering the fact that insurance policy is a contract between the insurer 2/4 2 and the insured (policy holder) and third party is not concerned with the fact of payment of premium but concerned with compensation awarded, the victim of the accident (third party) is entitled to receive the amount awarded as compensation and insurer is surely liable to pay. The insurer is entitled to move the tribunal as against the owner of the offending vehicle to recover the amount, if according to it the amount was wrongly paid as compensation to the third party. 4 Ruling in National Insurance Co. Ltd. v. Reshmi & Ors., 2012 ACJ 920 and National Insurance Co. Ltd. v. Seema Malhotra & Ors., (2001) 3 SCC 151 and New India Assurance Co. Ltd. v. Rekha Devi & Ors., 2013 ACJ 1686 are brought to my notice. In view of the observations made, in my opinion, since the amount of award is already deposited with the tribunal, the victim of the accident, which is third party, is entitled to receive the same while the insurer can recover the amount, if compensation was paid wrongly to the 3 claimants and was recoverable from the owner of the offending motor vehicle. According to ruling, the insurer or owner of the motor vehicle is liable either jointly or severally to pay compensation to the third party i.e. the claimants (dependents of the victim of the accident). The order accordingly must be passed with liberty to the insurer to move the Tribunal in case it wants to recover compensation paid from owner of the offending Motor vehicle in the same proceedings of the execution of award and need not adopt any independent suit or proceedings to recover the run paid from owner of the offending Motor vehicle. 4 5 The appeal is disposed of accordingly. (A.P. BHANGALE, J.) md.saleem

Order - Status 6: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Amk FIRST APPEAL NO. 449 OF 2016 Mr. Farogh Ahd. Zahor Ahd. Ansari Appellant Vs. M/s. Kataria Transport Co. Ltd. & Anr. Respondents Mr. Abhay A. Jadhavar i/b Ashok B. Tajane for the Appellant. CORAM : DR. SHALINI PHANSALKAR-JOSHI, J. DATE : 26th AUGUST, 2016. P. C. : Heard learned counsel for the appellant. Admit. The appellant to furnish the private paper book within one year from the date of this order. Copy thereof be served on the respondents. After the private paper book is filed, the appeal be fixed for hearing as per CMIS date. [DR. SHALINI PHANSALKAR-JOSHI, J.]

Order - Status 7: Vidya Amin FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL No. 449 OF 2016 Office Notes, Office Memoranda of Coram, appearances, inces, Court's Court's or Judge's orders orders or directions and Registrar's orders Mr. Ashok B. Tajane, Advocate for the appellant. CORAM: MRS.MRIDULA BHATKAR, J. DATED: 26th September, 2017. P.C.: The learned counsel for the appellant submitted that respondent No. 1 is served by publication. He further prays to extend the time to file paper book. Time to file private paper book is extended by one month from today. (MRS.MRIDULA BHATKAR, J.)

Order - Status 9: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION FIRST APPEAL NO. 449 OF 2016 Mr. Farogh Ahd. Zahoor Ahd. Ansari V/S Appellant Adv.Y.G.Thorat i/by Ashok B. Tajane For Appellant Rupam Ghosh For Respondent No. 2 (vp Filed Before Admission) R.no.2 Is Duly Served Through Court Notice For Respondent CORAM : SMT. ANUJA PRABHUDESSAI, J DATE : 21st March, 2018 P.C. : At the request of learned advocate for the Appellant, Stand 28/03/2018 and tagged with caa(st)8671/2018. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 11: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.449 OF 2016 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders Advocate Kavita Shinde i/by Advocate A.B. Tajane Present for Appellant. CORAM : V.R. KACHARE REGISTRAR (JUDL – II) Date : 24th September, 2018 3 weeks time is granted to supply copy of Newspaper. sd/­ Registrar (Judl.­II) dsm – R(J­II) – 24.09.2018

Order - Status 13: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 449 OF 2016 Mr. Farogh Ahd. Zahoor Ahd. Ansari … Appellant V/s M/s Kataria Transport Co. Ltd. And Anr. … Respondents Mr. Sharad Bhosale i/b Mr. Ashok B. Tajane, for the Appellant. CORAM : V. G. BISHT, J. DATED : 13TH JANUARY, 2020. P.C. Place this matter under the caption of " For Final Hearing" on 27th February, 2020. ( V. G. BISHT, J.)

Order - Status 15: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION FIRST APPEAL NO. 449 OF 2016 Mr. Farogh Ahd. Zahoor Ahd. Ansari ....Appellant V/S M/s. Kataria Transport Co. Ltd. And Anr. ....Respondent Mr Y G Thorat h/for Mr Ashok B Tajane, Advocate For Appellant CORAM : R.D. DHANUKA, J DATE : 27th February, 2020 P.C. : Mentioned at 2.00 p.m. At the request of the Advocate for the Appellant, place the matter on Board for hearing on 05/03/2020. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 17: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION FIRST APPEAL NO. 449 OF 2016 Mr. Farogh Ahd. Zahoor Ahd. Ansari ....Appellant V/S M/s. Kataria Transport Co. Ltd. And Anr. ....Respondent CORAM : R.D. DHANUKA, J DATE : 5th March, 2020 P.C. : Due to paucity of time the matter is adjourned to 02/04/2020 . In case any ad-interim/interim relief is operating till today, the said order will continue to operate till the next date. If ad-interim/interim relief is not granted for a limited period, the said order will remain unaffected. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 19: Shailaja IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.449 OF 2016 Farogh Ahd. Zahoor Ahd. Ansari ] Appellant Vs. M/s. Kataria Transport Co. Ltd. ] and another ] Respondents ..... Mr. Akshay Kashid i/b Mr. Ashok B. Tajane, for Appellant. None for the Respondents. CORAM : PRITHVIRAJ K. CHAVAN, J. DATE : 4th FEBRUARY. 2021. P.C. This is an appeal for enhancement of the claim awarded by M.A.C.T, Mumbai. ….. It is contended that despite a claim to the tune of Rs.20,00,000/-, the learned Tribunal has granted only an amount of Rs.5,93,487/-. The appeal has already been admitted on 26th August, 2016. The appellant had also filed a paper book. In that view of the matter, list the appeal on the board of "Final Hearing" in the week commencing from 15th March, 2021. [PRITHVIRAJ K. CHAVAN, J.]

Order - Status 22: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 449 OF 2016 Mr. Farogh Ahd. Zahoor Ahd. ….Appellants Ansari V/s. M/s. Kataria Transport Co. Ltd. and another …..Respondents Mr. Y. G. Thorat i/b Mr. Ashok Tajane for the Appellants None for Respondents CORAM : NITIN W. SAMBRE, J. DATE: JULY 14, 2021. P.C.: 1] None for the appellants. Prayer for listing the appeal for fnal hearing will be considered once the physical hearing commences. [NITIN W. SAMBRE, J.]

Order - Status 23: SALGAONKAR M M Digitally signed by SALGAONKAR M Date: 2022.03.30 20:37:46 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.449 OF 2016 Farogh Ahd. Zahoor Ahd. Ansari .. Appellant Versus M/s. Kataria Transport Co. Ltd. & Anr. .. Respondents … ... Mr.Y.G.Thorat i/b Mr.Ashok B. Tajane for the Appellant. CORAM: BHARATI DANGRE, J. DATED : 29th MARCH, 2022 P.C:- The appeal, being admitted on 26/08/2016, is ready for final hearing. The Registry has notified that R & P is reeeieed, but without paper-book. The learned Adeoeate for the appellant has already filed a prieate paper-book on 13/10/2017. Sinee the respondents are duly sereed and respondent No.2 is represented by Adeoeate Rupam Ghosh, list the appeal for final hearing on 04/05/2022 at 2.30 p.m. ( SMT. BHARATI DANGRE, J.)

Order - Status 25: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.449 of 2016 Farogh and Zahoor and Ansari .. Appellant Versus M/s.Kataria Transport Co.Ltd and Anr .. Respondents … Mr. Ashok Tajane for the appellant. None for the respondent. CORAM: BHARATI DANGRE, J. DATED : 4 th MAY 2022. P.C:- 1 Appeal is slated for final hearing. However, none appear for the contesting respondents. As far as Insurance Company is concerned, vakalatnama is filed by Rupam Ghosh, but Mr.Tajane, learned counsel for the appellant state that when he had telephonic talk with her, she had specifically informed that she had returned the papers to the Insurance Company. 2 In wake of the above, issue fresh notice to respondent no.2, intimating that the Appeal shall be taken for hearing on 4/7/2022 at 2.30 p.m in wake of the urgency expressed on behalf of the appellant. 3 Mr.Tajane is also at liberty to inform about the said order to any counsel of Oriental Insurance Company who normally represent the Company. ( SMT. BHARATI DANGRE, J.)

Order - Status 28: IN THE HIGH COURT OF JUDICATURE AT BOMBAY BEFORE THE NATIONAL LOK ADALAT CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.449 OF 2016 Mr. Farogh Ahmed Zahoor Ahmed Ansari … Appellant Versus M/s. Kataria Transport Co. Ltd. and Anr. … Respondents .... None for the Appellant and for the Respondents. .... CORAM : SHARMILA U. DESHMUKH, J. (HEAD OF THE PANEL) Y.A. GOSWAMI, REGISTRAR (CPC), MEMBER H.V. KULKARNI, DEPUTY REGISTRAR, MEMBER DATE : 13th AUGUST, 2022 P.C. : None appears for the parties. Transfer to the Regular Court. (H.V. KULKARNI) (Y.A.GOSWAMI) (SHARMILA U. DESHMUKH, J)

Order - Status 29: Ghuge IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.449 OF 2016 Farogh Ahd. Zahoor Ahd. Ansari … Appellant V/s. Kataria Transport Co. Ltd and Anr … Respondents Mr. Ashok Tajane for the appellant. Ms. S.S. Dwivedi for respondent No.2. CORAM : AMIT BORKAR, J. DATED : JANUARY 25, 2023 P.C.: List the first appeal "for final hearing" on the board commencing from 6 th February, 2023. (AMIT BORKAR, J.)

Order - Status 32: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 449 OF 2016 Mr. Farogh Ahd. Zahoor Ahd. Ansari, Age, - 48 years, Resident of F/8, 666 Tenements Compound Mumbai – 400011 ) ) ) ) Appellant Versus 1. M/s. Kataria Transport Co. Ltd., ) A-28, Suvidha Estate, ) Gandhinagar, bavla Highwa, ) Surkhej, Ahmedabad, Gujarat. ) 2. Oriental Insurance Co. Ltd. ) 7, J. T. Road, Churchgate, ) Mumbai – 400 020. )Respondents (Policy No. 141700-2007/8927) ) Valid from 31/02/2007 to 20/03/2008 ) Mr. Ashok B. Tajane for the Appellant. Ms. Sneha Dwivedi for the Respondent No.2. CORAM : S. G. DIGE, J. DATE : 17th FEBRUARY 2023. JUDGMENT : Heard learned counsel for appellant and learned counsel for the respondent. Shantanu Dhudum 228-FA449-2016.doc Both learned counsel submits that both the parties have settled the matter. The respondent no. 2-insurance company is ready to pay Rs. 34 Lakh as compensation to the appellant excluding the amount already deposited before the MACT, Mumbai in MACP No. 3476 of 2007 as per the order dated 19/07/2014. This amount of Rs.34 Lakh would be without interest, it excludes the compensation awarded by the MACT, Mumbai. Learned counsel for appellant agrees for it. The claimant who is present in the Court also agrees for the same. In view of the submission of both learned counsel and the appellant/claimant, I pass the following order: ORDER i. Appeal is allowed. ii. The respondent no. 2-insurance company shall deposit amount of Rs. 34 Lakhs before the Tribunal within two weeks from today. iii. The appellant is permitted to withdraw the amount deposited by the respondent no. 2 insurance company as award amount granted by the tribunal along with accrued interest thereon and the amount of Rs. 34 Lakhs. The Appeal stands disposed of. All pending applications, if any, stand disposed of. Parties to act on authenticated copy of this order. (S. G. DIGE, J.)

Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION FIRST APPEAL NO. 448 OF 2016 Shri Dastageer Karim Chougule ....Appellant V/S Shri Rajaram Dinkar Khot And Anr ....Respondent None present. CORAM : VIRENDRASINGH GYANSINGH BISHT, J DATE : 30th January, 2020 P.C. : Stand over to 27/02/2020 ( FOR REGISTRAR JUDICIAL - I )

Order - Status 7: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION FIRST APPEAL NO. 448 OF 2016 Shri Dastageer Karim Chougule ....APPELLANT V/S Shri Rajaram Dinkar Khot And Anr ....RESPONDENT None for parties CORAM : HON'BLE JUSTICE SHARMILA U. DESHMUKH J DATE : 27th September, 2024 P.C. : S. O. to 25/10/2024 . ( FOR REGISTRAR JUDICIAL - I )

Order - Status 10: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.448 OF 2016. —————— —————— Dastageer Karim Chougule ...Appellant. Versus Rajaram Dinkar Khot and Anr. ...Respondents. None for the Appellant. Coram : Sharmila U. Deshmukh, J. Date : 25th October, 2024. P. C. : 1. None appears for the appellant. Even on the last ocassion, none had appeared for the appellant. 2. Appeal is dismissed for non-prosecution. In view of disposal of appeal, Interim/Civil Applications, if any, do not survive for consideration and stand disposed of. [Sharmila U. Deshmukh, J.]