Bajaj Allians General Insurance ... vs Sheela Laxman Suryawanshi And Ors
2022 Latest Caselaw 3627 Bom

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     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION
                 FIRST APPEAL NO.313 OF 2022
                            WITH
             INTERIM APPLICATION NO. 2098 OF 2022
                             IN
                  FIRST APPEAL NO.313 of 2022

Bajaj Allianz General Insurance                  .. Appellant
Co.Ltd, Pune
                         Versus
Sheela Laxman Suryawanshi & Ors                  .. Respondents

                               ...
Mr.Sarthak S. Diwan for the appellant.
Mr. Venkatesh A. Shastry for the respondents.

                            CORAM: BHARATI DANGRE, J.

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

1 Since the limited point that arises for consideration in the present Appeal is, amongst the papers of investigation, on an FIR being registered on the accident taking place and the evidence which come before the Tribunal, in an application which seek compensation for the said accident, which would prevail.

2 The position of law, is well settled in the recent judgment of the Apex Court in case of National Insurance Ltd. vs. Chamundeswari & ors.

Tilak





                                    2/2                    30 FA 313-22.doc


3                 Considering the limited point, the learned counsel for

the respondent Shri Shastry has placed on record the compilation of documents, which include the notes of evidence as well as the papers of investigation.

4 Parties are at consensus that they shall argue the Appeal finally at the stage of admission.

5 Re-notify for 4/5/2022.

Interim Application No.2098/2022

6 Heard the learned Advocate Mr.Diwan for the applicant.

Upon his statement that he is ready and willing to deposit the entire of compensation awarded under the impugned judgment within a period of six weeks from today, there shall be stay to the effect and operation of the impugned judgment.

( SMT. BHARATI DANGRE, J.)

Tilak