Motor Accident Claim Tribunal

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 7: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3260 OF 2015 A/W CIVIL APPLICATION NO.3261 OF 2015 IN FIRST APPEAL ST. NO.14661 OF 2015 The New India Assurance Co. Ltd. ... Applicant/Appellant Vs. Smt.Shobha Babasaheb Babar & Ors. ... Respondents Mr.S.M. Dange for the Applicant/Appellant Mr.V.R. Gaikwad for Respondent Nos.1 to 6 CORAM: MRS.MRIDULA BHATKAR, J. DATE: 30th SEPTEMBER, 2015 P.C.: Civil Application No.3260 of 2015 is filed for condonation of delay of 15 days in preferring the appeal. The learned Counsel for the respondent is present. He concedes to the condonation of delay. Hence, this application is allowed. Appeal be numbered. CIVIL APPLICATION NO.3261 OF 2015: - By this Civil Application, the applicant / insurance Company seeks stay to the operation and execution of the impugned judgement and award dated 25.11.2014 passed by the Motor Accident Claims Tribunal, Satara in MACP No.535 of 2012. The learned Counsel for the applicant submits that the insurance company is ready to deposit the entire decretal amount alongwith interest accrued thereon, within a period of six weeks. In view of the above, interim stay granted to the operation and execution of the impugned judgement and award dated 25.11.2014 subject to the applicant depositing in the MACT, Satara the entire decretal amount alongwith interest accrued thereon, within a period of six weeks from today. The statutory amount of Rs.25,000/- deposited in this Court at the time of filing of appeal shall be transferred to the Motor Accident Claims Tribunal, Satara. Civil Application stands disposed of accordingly. (MRIDULA BHATKAR, J.) CERTIFICATE Certified that this Judgment/Order uploaded is a true and correct copy of original signed Judgment/Order.

Order - Status 7: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1832 OF 2017 IN REJECTED CASE NO.16 OF 2018 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders None Present. CORAM : V.R. KACHARE REGISTRAR (JUDL – II) Date : 27th August, 2018 In view of the dismissal of First Appeal Stamp No.13947/2017 vide Court's order dated 27/07/2017, this Civil Application for stay does not survive. sd/­ Registrar (Judl.­II) dsm – R(J­II) – 27.08.18

Order - Status 6: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1184 OF 2016 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders None Present. CORAM : AJIT N. MARE, REGISTRAR (JUDL – II) Date : 24th October, 2016 S.O. to 1 week time is granted (excluding Diwali Holidays) for supplying 4 copies of First Appeal and for payment of printing charges. ­ sd/­ Registrar (Judl.­II) dsm – R(J­II) – 24.10.16

Order - Status 7: Sarnohat IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1496 OF 2018 $mathsf{IN}$ FIRST APPEAL NO. 1184 OF 2016 Raibeer Kaur Gurbinder Singh Sardu. ... Applicant. IN THE MATTER BETWEEN: Bajaj Allianz General Insurance Co. Ltd. ... Appellant. Vs. Rajbeer Kaur Gurbinder Singh Sardu & Ors. .. Respondents. Ms. Varsha Chavan, for the Applicant in CAA 1496-2018 and for Respondent Nos. 1 to 3 in FA 1184/2016. Ms. Yogita Deshmukh-Chitnis, for the Respondents in in CAA 1496-2018 and Appellant in FA 1184/2016. CORAM : V. M. DESHPANDE, J. DATE : $5^{th}$ JULY, 2018. $P. C.$ : $1.$ The Insurance Company has preferred appeal before this Court bearing appeal No.1184 of 2016 challenging the judgment and award passed by Motor Accident Claims Tribunal, Mumbai dated 19 th December, 2015 in Petition No. 1761 of 2009. The appeal filed on behalf of appellant is admitted on 30 th August, 2016 and the stay is also operating in favour of the Insurance Company. In view of the directions given by this Court on $17 th $ $2.$ November, 2016, it is submission of the learned counsel for Insurance Company that, Insurance Company has deposited the entire amount. By the present application widow of Gurbinder Singh Sardu is praying for withdrawal of the amount deposited by the Insurance Company. As per the award the applicant widow was entitled to receive 80 % of the amount awarded. Remaining 20 % amount was to be kept for the parents of the deceased. The present application is moved by widow alone. After hearing the learned counsel for parties, I proposed to pass the following order in the interest of justice; ORDER I) Application is partly allowed. II) Applicant Rajbeer Kaur Gurbinder Singh Sardu shall be entitled to withdraw 50% from 80% of amount which is granted to her out of the total amount deposited by the Insurance Company. III) The remaining amount shall be invested by Court below with any Nationalized Bank initially for a period of three weeks to save loss of interest. [ V. M. DESHPANDE,J.] 2/2