The New India Assurance Company vs Kavita Jitendra Pawar And Ors
2022 Latest Caselaw 2706 Bom

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         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION
                  FIRST APPEAL (ST) NO.94914 OF 2020
                                   WITH
                 INTERIM APPLICATION NO.2758 OF 2021
                                   WITH
                 INTERIM APPLICATION NO.2759 OF 2021


The New India Assurance Company              ..     Appellant

                       Versus

Kavita Jitendra Pawar & Ors.                 ..     Respondents


                                       ...

Ms.Poonam Mittal for the Appellant/Applicant.
Mr.Rohan Mahadik i/b The Juris Partners for the Respondent
Nos.1 to 3.
                                       ...

                          CORAM: BHARATI DANGRE, J.

DATED : 21st MARCH, 2022

P.C:-

1. At the outset, the learned counsel for the appellant submits that respondent No.5 is the owner of the vehicle and since, the appeal is fled only on the ground of compensation, he may be permitted to delete the name of respondent No.5 from the array of the respondents. Permission is granted. Amendment be carried out forthwith.

M.M.Salgaonkar





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INTERIM APPLICATION NO.2758 OF 2021

2. By the present application, delay of 270 days in fling the appeal is sought to be condoned.

3. Heard the learned counsel for the applicant/appellant and the learned counsel appearing for respondent Nos.1 to 3/claimants. Perused the application and in particular paragraphs 2 and 3. The delay, being procedural one and has been projected as bona fde, deserves to be condoned. Accordingly, application is allowed in terms of prayer clause

(a).

Upon the delay being condoned, the Registry is directed to register the First Appeal.

INTERIM APPLICATION NO.2759 OF 2021

4. The present application seeks stay to the effect and operation of the impugned judgment dated 20/08/2019 passed by the M.A.C.T., Pune in M.A.C.P. No.437 of 2015.

5. The learned counsel for the applicant/appellant submits that the appeal is fled on the limited ground of quantum of compensation. The appellant has good case on merits and in order to appreciate the points in the appeal, the impugned judgment deserves to be stayed.

Since the appellant is ready and willing to deposit the entire amount under the impugned Judgment and Award

M.M.Salgaonkar

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before the Tribunal within a period of six weeks from today, subject to the aforesaid, there shall be stay to the effect and operation of the impugned Judgment.

FIRST APPEAL (ST) NO.94914 OF 2020

6. Issue notice to respondent Nos.1 to 3.

7. The learned counsel Mr.Mahadik waives service of notice on behalf of respondent Nos.1 to 3.

( SMT. BHARATI DANGRE, J.)

M.M.Salgaonkar