BRIJESH MAHABALESHWAR Vs. NEW INDIA ASSURANCE COMPANY LTD.

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) First Appeal No.40/2016 is instituted by the Insurance Company. Admittedly, no leave was obtained under Sec. 170 of the MV Act. Therefore, having regard to the order made by the Division Bench of this Court in I.C.I.C.I. Lombard General Insurance Co. Ltd., Amravati V/s. Surekha w/o. Prakash Ghurde and ors., (2020) 2 Bom.CR 465 this appeal will have to be dismissed as not maintainable.

(3.) On the earlier occasion, submission was made that the Insurance Company wishes to press the issue of breach of terms and conditions of the insurance policy. However, it transpires that such issue does not arise and, in any case, the impugned award warrants no interference on these grounds.