Bombay High Court

BAJAJ ALLIANZ GENERAL INSURANCE CO.LTD.versusBALARAM KANHA VALVI AND ORS.

Decided: 25 June 2026
Disposal: Dismissed
Bench: PRAFULLA S KHUBALKAR

Holding

An appeal under Section 140 may be decided without notice when the parties' contentions are kept open, and both parties may lead evidence under Section 166.

Summary

The appellant, Bajaj Allianz General Insurance Co. Ltd., appealed an order of the Motor Accident Claims Tribunal, Thane, under Section 140 of the Motor Vehicles Act, 1988. The appellant argued that a prior judgment of this Court (First Appeal (St) No. 6515 of 2024) decided a similar controversy, holding that appeals challenging Section 140 orders may proceed without serving notice and that the parties' contentions remain open for evidence under Section 166. The Court found the present case identical to the earlier one and adopted the same reasoning. Consequently, the appeal was dismissed, but both parties were allowed to lead evidence on their contentions when contesting the claim petition under Section 166. The statutory amount, with accrued interest, was ordered to be transferred to the tribunal, with liberty to withdraw as per the Rules.

Issues considered

Whether an appeal under Section 140 of the Motor Vehicles Act, 1988, can be decided without serving notice on the respondents when the parties' contentions are kept open.
Whether the parties are entitled to lead evidence on their contentions while contesting a claim petition under Section 166 of the Motor Vehicles Act.

Legislation cited

Motor Vehicles Act, 1988 — s. 140, 166

Subjects

Motor Accident Claims Tribunal
Section 140
Section 166
appeal dismissal
contentions kept open
evidence
statutory amount
interest

Judgment

                                                                   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 : 25th 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.


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                                                         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 25 th April 2024 passed

by this Court in First Appeal (ST) No. 6515 of 2024 with connected

matters.

5.          Hence, I pass following order.

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                                                    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.)




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