903-FA-609-26.doc R.S. MODHE IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 609 OF 2026 IN INTERIM APPLICATION NO. 3915 OF 2026 WITH INTERIM APPLICATION NO. 2691 OF 2026 IN FIRST APPEAL NO. 314 OF 2026 WITH INTERIM APPLICATION NO. 2756 OF 2026 IN FIRST APPEAL NO. 360 OF 2026 Bajaj Allianz General Insurance Co.Ltd. ...Appellant V/s. Balaram Kanha Valvi and Ors. ...Respondents Adv. Sarthak S. Diwan, for the appellant. None for the respondent. CORAM : PRAFULLA S. KHUBALKAR , J. DATE : 25 th JUNE, 2026. P.C. :- 1. Heard learned counsel for appellant. 2. By this appeal the appellant / insurance company has challenged the order passed by the Motor Accident Claims Tribunal, Thane under Section 140 of the Motor Vehicles Act, 1988. 1/3 903-FA-609-26.doc 3. Learned counsel for appellant submits that an identical controversy is already dealt with and decided by this Court by its judgment dated 25th April 2024 in First Appeal (St) No. 6515 of 2024 with connected matters. He submits that, by the said judgment, the appeals filed by the insurance company challenging the orders under Section 140 of the Motor Vehicles Act are decided even without serving any notice upon the respondents, as the contentions of both the parties are ordered to be kept open. He points out that, by recording reasons in paragraph Nos. 2 to 4, the appeal of the insurance company is although dismissed, it has been observed that the contentions of both the parties are kept open and the parties are entitled to lead evidence in support of their contentions at the time of hearing claim petition under Section 166 of the Motor Vehicle Act. He therefore points that the controversy involved in the instant appeal is similar in nature and it can be decided in terms of the said judgment. 4. Since the controversy involved is same, there is no reason to take a different view and the instant appeal is accordingly decided for the reasons mentioned in judgment dated 25th April 2024 passed by this Court in First Appeal (ST) No. 6515 of 2024 with connected matters. 5. Hence, I pass following order. 2/3 903-FA-609-26.doc :: ORDER :: i] Appeal is dismissed. ii] The contentions of both the parties are kept open. Both the parties are entitled to lead evidence in support of their contentions while contesting the application / claim, under Section 166 of M.V. Act. iii] The statutory amount be transferred to the tribunal along with accrued interest thereon. The parties are at liberty to withdraw it, as per Rules. iv] The claimants are permitted to withdraw the amount along with accrued interest thereon. 6. All pending applications, if any, stand disposed of. (PRAFULLA S. KHUBALKAR, J.) 3/3