The New India Assurance Co. Ltd vs Shri. Subhash Mahadeo Aadit And ...
2017 Latest Caselaw 6211 Bom

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                                                                                caf.238.2016_16(1).doc


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             CIVIL APPELLATE JURISDICTION

                                CIVIL APPLICATION NO.238 OF 2016
                                               IN
                                 FIRST APPEAL ST. 16426 OF 2015

            The New India Assurance Co. Ltd.                      ... Applicant/Appellant
                  Vs.
            Shri Subhash Mahadeo Aadit & Ors.                     ... Respondents


            Ms.Poonam Mittal for the Applicant / Appellant - Insurance Co.
            Mr.R.S. Pawar for Respondent No.1

                                                CORAM: MRS.MRIDULA BHATKAR, J.

DATE: AUGUST 16, 2017

P.C.:

1. This Civil Application is filed for condonation of delay of 58 days

in filing the appeal. The First Appeal is filed against the judgment

and award dated 30.12.2014 passed by the learned Member, Motor

Accident Claims Tribunal, Nasik, in MACP No.775/2010 thereby

awarding compensation of Rs.1,69,900/-.

2. The learned Counsel for the appellant / applicant submitted that

the Motor Accident Claims Tribunal has directed that the present

appellant/insurance company shall pay 75% of the total amount of

compensation and the other insurance company shall pay 25% of the

compensation. The appellant has challenged the impugned

caf.238.2016_16(1).doc

judgement and award by filing this appeal. However, there is a delay

of 58 days in filing the appeal. She prayed for condonation of the

delay of 58 days.

3. Learned Counsel for the respondent No.1 is present and has

opposed the application.

4. For the reasons stated in paragraphs 3 to 5, the delay of 58

days is hereby condoned. First Appeal be registered and listed for

admission on 11.10.2017.

5. First Appeal be registered and listed for admission on

11.10.2017. Parties to take note that the First Appeal may be

disposed of at the stage of admission, if possible. The advocate for

the applicant to communicate the respondent/insurance company

about the final hearing of the appeal on the next date.

6. Civil Application stands disposed of.

(MRIDULA BHATKAR, J.)