Dismissed

Durupadabai Govind Kale v. Anand Vishwanath Shinde and Anr.

Bombay HC27 Sept 2012FA/780/2012

Case brief

AI extract

What is this about?

The High Court dismissed the first appeal and a civil application challenging an order under Section 140 of the Motor Vehicles Act. The Court found no case for interference as no certificate of permanent disability was produced before the Tribunal, noting such evidence could be adduced later under Section 166.

What did the court decide?

First Appeal dismissed with no order as to costs; Civil Application disposed of accordingly.

Durupadabai Govind Kale Vs Anand Vishwanath Shinde and… — Motor Accident Claims | Bombay HC (2012)

¶1

1 F.A.780.12

¶2

FARAD CONTINUATION SHEET NO.

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

¶4

FIRST APPEAL NO. 780 OF 2012 WITH

¶5

CIVIL APPLICATION NO. 9918 OF 2012
[Durupadabai Govind Kale

¶6

Vs.

¶7

 Anand S/o Vishwanath Shinde and others]

¶8

OfficeNotes,Office Court’s or Judge’s Orders
MemorandaofCoram,
appearances,Court’s
orders or directions and
Registrar’s orders.

¶9

ShriD.Y.Nandedkar,Advocate for Appellant-
Petitioner

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....
CORAM: S.V.GANGAPURWALA,J.
 DATE : 27.09.2012.

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PER COURT :

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. The petitioner assails the order
passed in an application under Section
140 of the Motor Vehicles Act.

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2. Mr. Nandedkar, learned counsel for
the appellant submits that there is
disability certificate to the extent of
20%. After the petition was filed, the
appellant had to undergo for further
treatment, which would make it clear that
there is permanent disability.

¶14

2 F.A.780.12

¶15

OfficeNotes,Office Court’s or Judge’s Orders
MemorandaofCoram,
appearances,Court’s
orders or directions and
Registrar’s orders.

¶16

3. According to the learned counsel, the
said aspect requires to be considered.
Very purpose of application under Section
140 of the Motor Vehicles Act would be
frustrated, if technical view is taken.

¶17

4. Provision of Section 140 of the Motor
Vehicles Act apply if it is a case of
death and permanent disability. In the
present case, no certificate was produced
before the Tribunal showing that claimant
has suffered any permanent disability.
The Court has considered the said aspect.
If subsequent to the passing of the order
further treatment has been taken then
appellant can put forth the said evidence
at the time of deciding application under
section 166 of the Motor Vehicles Act.

¶18

5. The claim petition before the Tribunal
is of the year 2010.

¶19

6. In the light of above, no case for
interference is made out, as such, First
Appeal is dismissed with no order as to
costs.

¶20

3 F.A.780.12

¶21

OfficeNotes,Office Court’s or Judge’s Orders
MemorandaofCoram,
appearances,Court’s
orders or directions and
Registrar’s orders.

¶22

7. Considering the fact that the claim
petition is of year 2010 the Tribunal
shall decide the proceedings under
section 166 of the Motor Vehicles Act
expeditiously and preferably within six
months from the date of this order.

¶23

8. In the light of disposal of First
Appeal,nothingsurvivesfor

¶24

consideration in the Civil Application
and the same is disposed of accordingly.

¶25

 Sd/-

¶26

MTK

Durupadabai Govind Kale v. Anand Vishwanath Shinde and Anr.

Case brief

What is this about?

What did the court decide?

Durupadabai Govind Kale v. Anand Vishwanath Shinde and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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