Bombay High Court

M/S RELIANCE GENERAL INSURANCE CO.LTD., MUMBAIversusSMT. ANUPA MURLI YADAV AND ORS.

Decided: 20 February 2026
Disposal: Disposed Off
Bench: R M JOSHI

Holding

The appeal is dismissed as all contentions are already pending in another appeal.

Summary

The appellant, Reliance General Insurance Co. Ltd., filed an appeal against an order passed under Section 140 of the Motor Vehicles Act, 1988 in MACP No. 462/2019. The appellant argued that the proceedings had attained finality and that the same issues were already raised in a pending appeal (Appeal No. 1971 of 2022) before the same court. The learned counsel for the appellant contended that no fresh contentions remained for consideration in the present appeal. The court observed that all the contentions raised in the present appeal were already being addressed in the pending appeal and therefore nothing survived for adjudication. Consequently, the court dismissed the appeal, granting the parties liberty to raise all contentions in the pending appeal.

Issues considered

Whether the appeal under Section 140 of the Motor Vehicles Act, 1988 is maintainable when the same contentions are pending in another appeal before the same court

Legislation cited

Motor Vehicles Act, 1988 — s. 140

Subjects

Motor Vehicles Act
Section 140
appeal dismissal
pending appeal
procedural law

Judgment

                                                                       6-FA-327-2022.doc



                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CIVIL APPELLATE JURISDICTION

                                          FIRST APPEAL NO. 327 OF 2022
                                                     WITH
                                      INTERIM APPLICATION NO. 2273 OF 2022

                   M/s. Reliance General Insurance Co. Ltd.,                ...Appellant
                   Mumbai
                              Versus
                   Smt. Anupa Murli Yadav And Ors.                          ...Respondents
SNEHA
NITIN
CHAVAN                                               ****
Digitally signed
by SNEHA NITIN
                   Ms. Kalpana Trivedi (thru VC) for the Appellant.
CHAVAN
Date: 2026.02.21   Ms. Yashika Jain for Respondent Nos.1 to 5.
16:30:23 +0530
                                                     ****
                                            CORAM : R.M. JOSHI, J.
                                              DATE : 20th FEBRUARY, 2026
                   P.C. :


                   1.             Learned Counsel for the Appellant submits that this appeal is
                   against the order passed under Section 140 of the Motor Vehicles Act,
                   1988 in MACP No. 462/2019.              He further contends that the said
                   proceedings has attained finality and the Judgment and Award passed
                   therein, the Appeal bearing No. 1971 of 2022 has been already filed
                   before this Court.

                   2.             Since all the contentions raised in the present appeal are
                   raised and would be decided in Appeal bearing No. 1971 of 2022,
                   nothing survives in the appeal. Hence, it stands dismissed, with liberty
                   to the parties to raise all the contentions in the pending appeal.



                                                               (R.M. JOSHI, J.)




                   Sneha Chavan                                                            1

Continue reading with your account

Checking your session…