The Municipal Corporation Of Gr. ... vs Maruti Hulaji Patil
2022 Latest Caselaw 2615 Bom

                                 1/4            22 23 FA ST 25170-21.doc


    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIVIL APPELLATE JURISDICTION
             FIRST APPEAL ST NO.25170 OF 2021
                           WITH
           INTERIM APPLICATION NO. 1436 OF 2022
                             IN
              FIRST APPEAL ST NO.25170 OF 2021
                           WITH
           INTERIM APPLICATION NO. 1435 OF 2022
                             IN
              FIRST APPEAL ST NO.25170 OF 2021

The Municipal Corporation of               .. Appellants
Gr.Mumbai
                       Versus
Maruti Hulaji Patil (father of deceased)   .. Respondent


                           WITH
             FIRST APPEAL ST NO.25176 OF 2021
                           WITH
           INTERIM APPLICATION NO. 1421 OF 2022
                             IN
              FIRST APPEAL ST NO.25176 OF 2021
                           WITH
           INTERIM APPLICATION NO. 1420 OF 2022
                             IN
              FIRST APPEAL ST NO.25176 OF 2021

The Municipal Corporation of               .. Appellants
Gr.Mumbai
                       Versus
Kiran Manohar Patil                        .. Respondent



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                                    2/4                22 23 FA ST 25170-21.doc


                                ...
Ms.Swati Sawant i/b S.K. Legal Associates LLP for the appellants.
Mr.Tejpal S. Ingale for respondents.

                            CORAM: BHARATI DANGRE, J.

DATED : 16th MARCH, 2022 P.C:-

Interim Application No.1435/2022

1 In view of the office noting recording that the limitation expired in lock down, the Appeal is within limitation. Hence, the Appeal is within time. Interim Application No.1435/2020 seeking condonation of delay stands disposed off.

Interim Application No. 1436/2022

2 By the present Application, the appellant i.e. Municipal Corporation of Greater Mumbai, through General Manager of BEST Undertaking, seeks stay to the impugned judgment in the Appeal directing the appellant to pay compensation of Rs.12,94,000/- to the claimant with interest @ 7% p.a. from the date of the application.

The learned counsel for the applicant state that there is a good case on merits and the question which is raised in the Appeal is whether the appellant can be made liable for the compensation on account of the accident.

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                                    3/4                22 23 FA ST 25170-21.doc


3                 Learned counsel make a statement that the appellant

is ready to deposit the amount of compensation awarded under the impugned judgment by calculating the interest upto 28/2/2022 within a period of four weeks before the MACT, Mumbai. Subject to the deposit of the aforesaid amount, there shall be a stay to the effect and operation of the impugned judgment.

3 Learned counsel Mr.Ingale state that in the said accident, three persons were injured and one person Pradeep Maruti Patil had succumbed, resulting into a Claim Application No.711/2015 instituted by his heirs.

4 Learned counsel would submit that as far as the other three persons who were injured in the said accident, two of the claimants have received a compensation, resulting into an inference that the appellant has admitted their liability and therefore, the point of negligence being attributed to the injured and the deceased, cannot be admitted in the Appeal.

5 Learned counsel for the Corporation seek time to obtain necessary instructions.

6 Parties are directed to place on record the compilation of documents, including the depositions before the next date of hearing.

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                                    4/4                22 23 FA ST 25170-21.doc


7                 It is well ensured that the Appeal can be heard finally

along with the accompanying First Appeal St No. 25176/2021, filed by the MCGM.

8                 Stand over to 7/4/2022.



                                     ( SMT. BHARATI DANGRE, J.)




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