The New India Assurance Co. Ltd vs Smt. Pradnya Subhash Mule And Ors
2022 Latest Caselaw 4229 Bom

             Digitally signed by
JAYARAJAN    JAYARAJAN
ANJAKULATH   ANJAKULATH NAIR
NAIR         Date: 2022.04.22
             15:02:21 +0530




                                                                     1/3               09 FA(st)-12601.18.odt




                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                  CIVIL APPELLATE JURISDICTION
                                             FIRST APPEAL (STAMP) NO.12601 OF 2018
                                                              ALONG WITH
                                                CIVIL APPLICATION NO.4334 OF 2018
                                                              ALONG WITH
                                                CIVIL APPLICATION NO.4333 OF 2018


                                   The New India Assurance Co. Ltd.            ]   ...           Appellants

                                                Vs.

                                   Pradnya Subhash Mule & Ors.                 ]   ...          Respondents


                                                                  ...
                                   Ms. Shalini Shankar for the appellants.

                                   Mr. Vaibhav V. Ugle for respondent No.1.
                                                                  ...

                                                            CORAM : SMT. BHARATI DANGRE, J.

                                                            DATED          : 21ST APRIL, 2022.
                                   P.C. :-

                                                   CIVIL APPLICATION NO.4333 OF 2018

1. By this application, the applicants seek condonation of delay in preferring the first appeal.

                                   AJN
                                  2/3          09 FA(st)-12601.18.odt

2. The office has notified the delay to be of 251 days. The application states that the delay is procedural one. It states that after obtaining the certified copy, advice of the senior advocates on the panel of the appellant-company was sought for, and this consumed some time. Considering the delay to be bonafide and not deliberate and particularly, when it is procedural one, I am inclined to condone the delay.

3. The civil application is allowed in terms of prayer clause (a).

CIVIL APPLICATION NO.4334 OF 2018

4. This civil application is taken out by the applicants seeking stay to the effect and operation of the impugned judgment.

5. Heard the learned counsel for the applicants, who states that the Insurance Company has a good case on merits as the Tribunal has awarded exorbitant amount of Rs.50,97,315/- as compensation along with interest at 6% per annum, without considering the material brought on record by the Insurance Company.

6. Subject to the deposit of the entire compensation amount awarded under the impugned judgment dated 12/05/2017 along with interest computed upto 31/03/2022 within eight weeks from

AJN 3/3 09 FA(st)-12601.18.odt

today, there shall be stay to the effect and operation of the impugned judgment and order dated 12/05/2017 passed by the MACT, Pandharpur.

FIRST APPEAL (STAMP) NO.12601 OF 2018

7. The appeal is of the year 2018 and is pending in this court for last four years. The appellants shall file a private paper-book/compilation, including the notes of evidence and place it before this court within eight weeks from today.

8. Upon such a compilation being filed, the respective counsel are at liberty to make a request to the court to take up the matter for final hearing.

[SMT. BHARATI DANGRE, J.]

AJN