Shriram General Company Ltd. ... vs Dinesh Murji Badra And Anr
2022 Latest Caselaw 4734 Bom

                                    1/2                         16 FAST-12647-21.doc


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION
                  FIRST APPEAL (ST) NO.12647 OF 2021
                                      WITH
                 INTERIM APPLICATION NO.3028 OF 2022
                                      WITH
                 INTERIM APPLICATION NO.3026 OF 2022


Shriram          General         Company   Ltd.,   ..     Appellant
Mumbai

                       Versus

Dinesh Murji Badra & Anr.                          ..     Respondents


                              ...
Mr.Pandit Kasar for the Appellant/Applicant.
                                     ...
                          CORAM: BHARATI DANGRE, J.

DATED : 04th MAY, 2022

P.C:-

INTERIM APPLICATION NO.3026 OF 2022

1. By the present application, the Insurance Company seeks condonation of delay of 1 year and 149 days in instituting the appeal.

The explanation is offered in paragraph 6 of the application and it is attributed to the corporate procedure, which include seeking legal opinion and sending it for approval from those who are in the helm of affairs.

2. On hearing the learned counsel and on perusal of the application, I am satisfed that the delay is bonafde and

M.M.Salgaonkar

2/2 16 FAST-12647-21.doc

deserves to be condoned. Necessarily, the application is allowed in terms of prayer clause (a).

INTERIM APPLICATION NO.3028 OF 2022

3. By the present application, the appellant/applicant seeks stay of the impugned Judgment passed by the M.A.C.T. Mumbai in Application No.257 of 2011, holding the Insurance Company liable for payment of compensation of Rs.5,45,248/- to the claimant alongwith interest at the rate of 8% p.a.

4. Heard the learned counsel for the applicant, who submits that the appeal is fled on a substantial question, being that the offending motor car, on the date of the accident, was not insured with the Insurance Company and, therefore, the learned Tribunal was not justifed in fastening the liability upon it. Considering that there is a good case on merits, the learned counsel would submit that the Insurance Company is ready to deposit the entire amount of compensation awarded under the impugned Judgment alongwith the interest calculated upto 31/03/2022, within a period of six weeks from today.

Subject to the Insurance Company depositing the amount as undertaken, there shall be stay to the effect and operation of the impugned Judgment.

FIRST APPEAL (ST) NO.12647 OF 2021

6. Issue notice to the respondents, making it returnable on 18/07/2022.

( SMT. BHARATI DANGRE, J.)

M.M.Salgaonkar