Bombay High Court
The Bajaj Allianz General ... vs Tahemena Pravin Wd/O Arif Mirza ... on 7 January, 2021
Bench: S. M. Modak
F.A.St.29515.2018. 1/3
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
Civil Application (CAO) No.2195 of 2019
IN
Civil Application (CAF) No.721 of 2019
IN
First Appeal Stamp No.29515 of 2018
The Bajaj Allianz General Insurance Co. Ltd. Vs. Tahemena Pravin Wd/o Arif Mirza Beg &
Others
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Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders
or directions and Registrar's orders.
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Mrs. Mrunal Naik, Advocate for the Appellant.
Shri B.S. Mandhare, Advocate h/f Shri P.S. Mirache, Advocate for Respondent Nos.1 & 2.
Shri V.G. Wankhede, Advocate for Respondent Nos.6 and 7.
CORAM : S.M. MODAK, J.
DATE : 7th JANUARY, 2021.
This is an application for withdrawal filed by present
respondent Nos.6 and 7/original respondent Nos.5 and 6. Out of
them, respondent No.6 - Faimida Begam has expired on 26 th July,
2019. Copy of death certificate is annexed. Her name is deleted. The
appellant may take steps.
There is a prayer for modification of the direction given
by the Claims Tribunal, Nagpur for depositing an amount of
Rs.50,000/- for a period of five years.
In this appeal, the original respondent No.4/Bajaj Allianz
Insurance Company Ltd. is the appellant. Though there is a direction
to pay compensation by original respondent Nos.1 and 2, it is not
clear whether they have preferred an appeal. It is also not clear
whether they have complied with the direction to deposit the amount.
If it is clarified, the present respondent Nos.6 and 7 as well as the
F.A.St.29515.2018. 2/3
original claimants/respondent Nos.1 and 2 will be benefited.
Hence, the present respondent Nos.3 and 4 are directed
to clarify whether they have preferred an appeal or whether they have
deposited the decretal amount then this application will be decided.
Matter be kept after three weeks.
Civil Application (CAF) No.721/2019
This is an application seeking condonation of delay of
257 days caused in filing appeal challenging the judgment and award
passed by the Member, Motor Accident Claims Tribunal-2, Nagpur on
01/09/2017 in Claim Petition No.121/2009.
Respondent No.3 - Dilbagh Singh and respondent
No.5 - Vijay Singh though served have not appeared. Rest of the
respondents are represented through their respective Advocates.
For the reasons stated in the application, particularly in
paragraph No.4 of the application, I am satisfied that the delay is
properly explained. Therefore, the delay caused in preferring an
appeal is hereby condoned.
The Civil Application stands disposed accordingly. The
First Appeal be registered.
First Appeal Stamp No.29515/2018
Heard.
Admit.
F.A.St.29515.2018. 3/3
Call for record and proceedings.
Issue notice to the respondents for final disposal.
Learned Advocate Shri B.S. Mandhane holding for
learned Advocate Shri P.S. Mirache waives notice for respondent
Nos.1 and 2.
Learned Advocate Shri V.G. Wankhede waives notice for
respondent Nos.6 and 7.
No need to issue fresh notice to respondent Nos.3 and 5
as they have been served earlier through paper publication.
JUDGE
vijay
