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2004 Supreme(Bom) 762

ANOOP V.MOHTA
New India Assurance Company Ltd. – Appellant
Versus
Tulshiram Pandurang Mohod & others – Respondent


JUDGMENT - MOHTA ANOOP V., J.:-Heard. The small controversy revolving around the issue is whether the pending appeal filed under section 110-D of the Motor Vehicle Act, 1939, (for short Old Act) against the order passed on an application for claims under no fault liability, under section 92-A of the Old Act is also governed by the Full Bench decision of our High Court, as reported in 2004(3) Bom.C.R. (A.B.)(F.B.)186 (Divisional Controller, M.S.R.T.C., Jalgaon v. Bapu Onkar Choudhari)1, whereby it has been held that no appeal under section 173 is maintainable against such order under, (no fault liability) awarded under section 140 of the Motor Vehicle Act, 1988 (for short New Act, 1988).

2. One Tulshiram Pandurang Mohod, respondent No. 1 herein, had preferred an application under section 92-A of the Old Act and claimed compensation of Rs. 7500/- from the respondents 2, 3, 4 the present appellants herein. By an order dated 24th November, 1987 the learned Member of the Motor Accident Tribunal, Akola, the original non applicant Nos. 1, 3, 4 and 5, were directed to pay, jointly and severally, Rs. 7500/- towards compensation, along with cost of the application.

3. The original non-applic










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