Disposed¶28

Bajaj Allianz General Insurance Co. Ltd. v. Monika Satyendra Rathi and Anr.

Bombay HC23 Jan 2026WP/1828/2024

Case brief

AI extract

What is this about?

Section 140 Motor Vehicles Act 1988 deletion; no-fault liability; ad interim relief order March 4 2024; Motor Accident Claims Tribunal Pune order September 17 2025; withdrawal with liberty to file composite challenge; limitation; four weeks; Bajaj Allianz General Insurance Co. Ltd.; writ petitions 1828 1829 1826 of 2024; Bombay High Court Civil Appellate Jurisdiction; Somasekhar Sundaresan J.; February 2 2026; disposed.

What did the court decide?

Liberty to withdraw the writ petitions and file a composite challenge to the Motor Accident Claims Tribunal, Pune order dated September 17, 2025 within four weeks, subject to compliance with applicable law including limitation. ¶28

Bajaj Allianz General Insurance Co. Ltd. vs Monika… — Motor Accident Claims | Bombay HC (2026)

What the court decided

AI extract

Outcome

¶28

Issue for consideration

Whether the Petitioner may be permitted to withdraw Writ Petitions Nos. 1826, 1828 and 1829 of 2024 and file a composite challenge to the Motor Accident Claims Tribunal, Pune order dated September 17, 2025, including on the ground of deletion of Section 140 of the Motor Vehicles Act, 1988. +1 more

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Court's answer

The Petitioner is permitted to withdraw these proceedings and file a composite challenge to the order dated September 17, 2025.

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Ratio / Principle

The liberty to file the composite challenge is subject to compliance with applicable law, including any facet of limitation on filing of such appeal.

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Key takeaways

The writ petitions are finally disposed of in the aforesaid terms.ratio¶28

Detailed headnote1 paragraphs

High Court of Judicature at Bombay (Civil Appellate Jurisdiction), Somasekhar Sundaresan, J., February 2, 2026 — Writ Petitions Nos. 1828, 1829 and 1826 of 2024, Bajaj Allianz General Insurance Co. Ltd. v. Monika Satyendra Rathi & Anr.; Babita Sangam Vishwakarma & Ors.; Jayshree Rahul Kokate & Ors. An ad-interim order dated March 4, 2024 of a Learned Single Judge had rested on the Petitioner-insurer's submission that Section 140 of the Motor Vehicles Act, 1988 stood deleted with effect from April 1, 2022, the accident being of April 9, 2022 and the claim filed in September 2022. The matters thereafter proceeded before the Motor Accident Claims Tribunal, Pune, culminating in its order dated September 17, 2025. On counsel's request, the Court permitted the Petitioner to withdraw the petitions and file a composite challenge to the Tribunal's order within four weeks, subject to compliance with applicable law including limitation, and finally disposed of the petitions. No substantive adjudication of the Section 140 deletion point was made in this order.

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26.WP.1828.2024.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.1828 OF 2024

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Bajaj Allianz General Insurance Co. Ltd. ….Petitioner

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Versus

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Monika Satyendra Rathi & Anr. ....Respondents

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WITH

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WRIT PETITION NO.1829 OF 2024

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Bajaj Allianz General Insurance Co. Ltd. ….Petitioner Versus

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Babita Sangam Vishwakarma & Ors. ....Respondents

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WITH

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WRIT PETITION NO.1826 OF 2024

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Bajaj Allianz General Insurance Co. Ltd. ….Petitioner Versus Jayshree Rahul Kokate & Ors. ....Respondents

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Mr. Sarthak S. Diware, for Petitioner.

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CORAM: SOMASEKHAR SUNDARESAN, J.

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DATE : FEBRUARY 2, 2026

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ORDER :

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Learned Counsel for the Petitioner points to an Order dated

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March 4, 2024 passed by the Learned Single Judge of this Court, whereby, based on the submission of the Petitioner that Section 140 of the Motor Vehicles Act, 1988 ( “the Act” ) had been deleted with effect

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Digitally signed by AARTI AARTIGAJANAN GAJANAN PALKAR PALKAR Date:2026.02.04 17:49:07 +0530

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Page 1 of 2 FEBRUARY 2, 2026

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Aarti Palkar

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26.WP.1828.2024.doc

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from April 1, 2022, and the accident having occurred on April 9, 2022 with the claim being filed in September 2022, a Learned Single Judge observed that a case has been made out for grant of ad interim reliefs.

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However, on other grounds, the matter had proceeded before the Learned Motor Accident Claims Tribunal, Pune which has now culminated in the order dated September 17, 2025. A copy of said order is tendered across the bar.

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Learned Counsel for the Petitioner would submit that if he is granted liberty to file a comprehensive challenge to the order dated September 17, 2025, including the challenge on the ground of deletion of Section 140 of the Act, he would file such a challenge within a period of four weeks. The Petitioner is hereby permitted to withdraw these proceedings and file a composite challenge, subject to compliance with applicable law, including any facet of limitation on filing of such appeal.

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The Petitions are hereby finally disposed of in the aforesaid terms.

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All actions required to be taken pursuant to this order shall be taken upon receipt of a downloaded copy as available on this Court’s website.

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[ SOMASEKHAR SUNDARESAN, J.]

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Page 2 of 2 FEBRUARY 2, 2026

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Aarti Palkar

Bajaj Allianz General Insurance Co. Ltd. v. Monika Satyendra Rathi and Anr.

Case brief

What is this about?

What did the court decide?

Bajaj Allianz General Insurance Co. Ltd. v. Monika Satyendra Rathi and Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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