✦ Bombay High Court · 11 Sep 2023

The New India Assurance Co. Ltd v. Milind Manohar Lakhan & Anr.

Civil Application No. 3536 of 2099RAJESH S PATIL3 min read

Case at a glance

Provisions considered

Judgment

WITH FIRST APPEAL NO. 408 OF 2017 WITH CIVIL APPLICATION NO.3537 OF 2009 The New India Assurance Co. Ltd. ...Petitioner Versus Trupti Ajay Tandel And Ors ...Respondents WITH FIRST APPEAL NO. 409 OF 2017 WITH CIVIL APPLICATION NO.3535 OF 2009 The New India Assurance Co. Ltd. Versus Rajan Manohar Lakhan And Anr ...Petitioner ...Respondents ____________________________________________________ Mr. S. M. Dange for the Applicants. Mr. T. J. Mendon for the Respondent No.1. ____________________________________________________ CORAM: RAJESH S. PATIL, J DATED: 11th September, 2023 PC:- CIVIL APPLICATION NO.3536 OF 2009

1. This Civil Application seeks stay to the execution of the impugned Judgment and Order dated 31 January, 2009 passed in MACT Application Amol D. Nawale 1 No.2528 of 2000 by MACT, Mumbai.

10.fa.407.2017

2. The learned counsel for the Applicant states that the Appellant - New India Assurance Company Ltd., has already deposited the entire decretal amount in the Lower Court, Mr. Mendon, the learned advocate for Respondent No1. Confirms the same.

3. In view of the same, the order dated 1st September, 2009 is hereby confirmed.

4. The sum of Rs.25,000/- deposited in this Court as per Section 173 of the Motor Vehicle Act, 1988 should be transferred to the MACT, Mumbai.

1. The Civil Application No. 3536 of 2009 is accordingly disposed of. CIVIL APPLICATION NO.3537 OF 2017 This Civil Application seeks stay to execution of impugned judgment and order dated 31 January, 2009 passed in MACT Application No.2528 of 2000 by MACT, Mumbai.

2. The learned counsel for the Applicant states that the Appellant has already deposited the entire decretal amount in the Lower Court, Mr. Mendon, the learned advocate for Respondent No1. Confirms the same.

3. In view of the same, the order dated 1st September, 2009 is hereby confirmed. Amol D. Nawale 2

4. The sum of Rs.25,000/- deposited in this Court as per Section 173 of the Motor Vehicle Act, 1988 should be transferred to the MACT, Mumbai.

10.fa.407.2017

1. The Civil Application No. 3537 of 2009 is accordingly disposed of. CIVIL APPLICATION NO.3535 OF 2017 This Civil Application seeks stay to execution of impugned judgment and order dated 31 January, 2009 passed in MACT Application No.2528 of 2000 by MACT, Mumbai.

2. The learned counsel for the Applicant states that the Appellant has already deposited the entire decretal amount in the Lower Court, Mr. Mendon, the learned advocate for Respondent No1. Confirms the same.

3. In view of the same, the order dated 1 September, 2009 is hereby confirmed.

4. The sum of Rs.25,000/- deposited in this Court as per Section 173 of the Motor Vehicle Act, 1988 should be transferred to the MACT, Mumbai.

4. The Civil Application No. 3535 of 2009 is accordingly disposed of. FIRST APPEAL NO. 407 OF 2017 WITH FIRST APPEAL NO. 408 OF 2017 WITH FIRST APPEAL NO. 409 OF 2017

1.

The parties have stated that short issue is involved in the Appeals and the same can be disposed of at an early date of hearing. The learned counsel for the parties requested the matter be kept on 9 October, 2023. In the Amol D. Nawale 3 meantime, they will prepare short synopsis along with notes of arguments and the list of authorities relied upon by them.

2.

These First Appeals be kept on 9th October, 2023.

10.fa.407.2017 (RAJESH S. PATIL,J.) Amol D. Nawale 4

Questions this judgment answers

Which statutory provisions did this judgment involve?

Motor Vehicles Act, 1988 — s. 173.

Which court decided this case, and when?

Bombay High Court, on 11 Sep 2023. The bench was RAJESH S PATIL.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

This is the original judgment text, reproduced from the public court record. Always verify it against the official record before relying on it in a filing — check it on Bombay High Court or eCourts case status (search case no. Civil Application No. 3536 of 2099). ← Search more judgments