Dr. Sunil Prabhakar Pathak Thru. ... vs Omprakash Motilal Tiwari And 2 Ors
2021 Latest Caselaw 16104 Bom

                                         1                               221121fa287.07&305.09.odt


                    N THE HIGH COURT OF JUDICATURE AT BOMBAY
                             : NAGPUR BENCH : NAGPUR.

                               FIRST APPEAL NO. 287 OF 20207
                            DR. SUNIL S/o PRABHAKAR PATHAK
                                        VERSUS
                        OMPRAKASH S/o MOTILAL TIWARI AND OTHERS
                                          WITH
                                FIRST APPEAL NO. 305 OF 2009
                               NATIONAL INSURANCE CO. LTD.
                                         VERSUS
                     DR. SUNIL S/o PRABHAKARRAO PATHAK AND OTHERS
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Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order

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Mr. Ved Deshpande, Advocate for the appellant in F.A.No.287/07 and for Respondent no.1 in F.A. No.305/09 Mr. D. N. Kukday, Advocate for respondent no.3 in F.A.No.287/07 and for the appellant in F.A. No.305/09

CORAM : V. M. DESHPANDE J.

DATE : NOVEMBER 22, 2021.

1. These two appeals arise out of the judgment and order of the Motor Accident Claims Tribunal, Akola in M.A.C.P. No. 56/2002 dated 18.10.2006. First Appeal No. 287/2007 is filed by the claimant/injured for enhancement of the compensation , whereas First Appeal No. 305/2009 is filed by the Insurance Company.

2. When these two appeals were pending, an application was filed by the appellant in First Appeal No. 287/2007 being Civil Application (CAF) No. 972/2019 under Order XLI Rule 27 of the Code of Civil Procedure for recording additional evidence. This Court (Coram : A.S. Chandurkar, J.) on 07.03.2019 allowed the said application and the matter was remitted for recording

2 221121fa287.07&305.09.odt

additional evidence.

3. Accordingly, additional evidence was recorded for and on behalf of the appellant.

4. Today, when these two appeals were taken up for final hearing, Mr. D.N. Kukday, learned counsel for the Insurance Company would submit that today itself he has received the copies of the depositions in respect of the additional evidence from Mr. Ved Deshpande, learned counsel for the claimant. Mr. Kukday, learned counsel submitted that to study the matter, further three weeks time be granted. He submitted that after studying the matter, if he is of the opinion that the appellant/claimant is entitled for any amount in view of the additional evidence, he will advice the Insurance Company.

5. Put up this matter after three weeks.

JUDGE Diwale