The Oriental Insurance Co.Ltd., ... vs Smt.Yallava Suresh Pawar And Ors
2022 Latest Caselaw 3589 Bom

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     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION
                 FIRST APPEAL ST NO.516 OF 2022
                             WITH
              INTERIM APPLICATION NO. 1950 of 2022
                             WITH
             INTERIM APPLICATION NO. 1951 OF 2022
                               IN
                 FIRST APPEAL ST NO.516 OF 2022

The Oriental Insurance Co.Ltd,                   .. Appellant
Mumbai
                         Versus
Yallava Suresh Pawar and ors                     .. Respondents
                                         ...

Mr.Milan Chandnani i/b Jaiwant S. Chandnani for the appellant.

                            CORAM: BHARATI DANGRE, J.

DATED : 4th APRIL, 2022 P.C:-

Interim Application No.1950/2022 1 Heard learned counsel for the applicant who seek condonation of delay of 127 days in filing the Appeal.

2 The Appeal challenges the judgment delivered by the MACT, Mumbai on 28/7/2021.

Office has notified the delay to be of 4 days.

Tilak





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3                 On hearing the learned counsel for the applicant and

on perusal of the application, which in paragraph nos.2, 3 and 4, justify the delay, I am inclined to condone the same.

Application is allowed.

Registry is directed to register the Appeal.

Interim Application No. 1951/2022

4 Heard learned counsel for the applicant who seek stay to the impugned judgment. She would submit that the specific ground raised in the Appeal Memo is to the effect that the deceased who succumbed to the accident was a pillion rider on a two wheeler and he could not be treated as a third party, which would make the Insurance Company liable for compensation, since the policy of insurance did not cover such a person.

The said point deserve consideration on merits. Considering a case made out, subject to deposit of the entire amount of compensation computed by the Insurance Company due and payable till 31/1/2022, there shall be stay to the effect and operation of the impugned judgment.

It is made clear that on account of the non-failure to deposit the amount within the period stipulated, the claimant shall be at liberty to execute the award.

Tilak





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First Appeal St No. 516 of 2022

5                 Issue notice to the respondents making it returnable

on 20/6/2022. Private service permitted.

( SMT. BHARATI DANGRE, J.)

Tilak