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2025 DAILYLAW 43218 (BOM)

SHRIRAM GENERAL INSURANCE CO LTD v. SHABANAM MUQADDARHUSAIN DESAI AND ANR

WP/16463/2024 · 2025-04-01

Shri Sandeep V Marne

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

Sonali Mane 36-WP-16463-2024.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 16463 OF 2024 Shriram General Insurance Co. Ltd … Petitioner Versus Shabanam Muqaddarhusain Desai And Anr … Respondents Ms. Shalini Shankar for the Petitioner. CORAM : SANDEEP V. MARNE, J. DATE : 1 APRIL 2025. P.C. : 1) The Petition challenges Order dated 21 August 2024 passed by the Member, Motor Accident Claims Tribunal, Sangli rejecting the application preferred by the Petitioner-Insurance Company at Exhibit 29. The Petitioner has not even bothered to produce the application on which the impugned order 21 August 2024 is filed. However from the observations made by the Tribunal, it appears that the application at Exhibit 29 was filed for questioning maintainability of the claim on the ground that the claim has been filed on 22 December 2022 after amendment of Section 166 (3) of Motor Vehicles Act on 1 April 2022. The Tribunal has however held that the accident occurred prior to the amendment of the Act and has accordingly rejected Petitioner’s application. No ___Page No. 1 of 2 ___ 1 April 2025 MANE SONALI DILIP Digitally signed by MANE SONALI DILIP Date: 2025.04.04 11:27:27 +0530 Sonali Mane 36-WP-16463-2024.docx infirmity is therefore found in the impugned order passed by the Tribunal. 2) Petition is accordingly rejected. [SANDEEP V. MARNE, J.] ___Page No. 2 of 2 ___ 1 April 2025