Authority: High Court of Judicature at Bombay

Order Date: 19 October 2026

Case Overview

  • Petitioner: The New India Assurance Co. Limited.
  • Respondents: legal heirs of Hemant Todkar and Mandakini Sambhajirao Todkar.
  • Two writ petitions (No.1938 of 2020 and No.3675 of 2020) challenging Motor Accident Claims Tribunal orders rejecting the insurer’s applications to produce documents.
  • Tribunal rejected on the ground that no reason was stated for belated production, although the petitioner’s evidence was still being led.
  • Respondents were duly served but did not appear; proceedings before the Tribunal remained stayed.
  • The petitioner deposited costs of Rs.10,000 in petition No.1938 and Rs.5,000 in petition No.3675.

Final Outcome

  • The Court set aside the Tribunal’s orders, finding the refusal to permit document production unjustified.
  • Ordered that the Tribunal allow the production of the documents.
  • Directed the Tribunal to decide the claim petitions within one year from the date of this order.
  • Directed that the deposited costs totaling Rs.15,000 be transmitted to the Tribunal for payment to the respective respondents.
  • Both writ petitions stand disposed of in the above terms; no order as to costs.

Topics: Legal Proceedings, Insurance