The New India Assurance Co. Ltd. ... vs Smt. Poonam Rajendrakumar Singh ...
2021 Latest Caselaw 17895 Bom

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                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          CIVIL APPELLATE JURISDICTION

                           CIVIL APPLICATION NO.48 OF 2016
                                          IN
                          FIRST APPEAL (ST.) NO.6005 OF 2015




    The New India Assurance Co. Ltd.               ....   Applicant

            Vs.

    Smt. Poonam Rajendrakumar Singh....                   Respondents
    & Ors.


    Mr. Devendranath S. Joshi for Applicant.
    None for Respondents.

                                        Coram : MADHAV J. JAMDAR, J.

Date : 22ND DECEMBER, 2021 P.C.:

1. Heard Mr. Joshi, learned Advocate appearing for the

Applicant.

2. Respondent Nos. 1 and 2 are duly served. The office note

shows that the Civil Application has abated as against Respondent No. 3

and stands dismissed as against Respondent No.4. As far as the

abatement as against Respondent No. 3 is concerned, Mr. Joshi states

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that Respondent Nos.1 and 2 are legal heirs and legal representatives of

Respondent No. 3. As far as Respondent No. 4 is concerned, he is the

owner of the vehicle and there is no statutory defence against

Respondent No. 4.

3. The Civil Application is filed for condonation of delay in

filing of appeal challenging the judgment and order dated 7 th May, 2014

passed by Member, Motor Accident Claims Tribunal, Mumbai in M.A.C.P.

No. 45 of 2007. The delay is of 190 days. The delay is adequately

explained in paragraph no. 4 of the application. Respondent Nos. 1 and

2 although served have not filed any reply to the Civil Application and

none appears for them. Therefore, the Civil Application is allowed in

terms of prayer clause (a).

( MADHAV J. JAMDAR, J. )