National Insurance Compant Ltd vs Sou. Malan Anil Holkar And Ors
2023 Latest Caselaw 1697 Bom

                                                                      10-fa-924-2022.doc




                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CIVIL APPELLATE JURISDICTION

                                        FIRST APPEAL NO.924 OF 2022
                                                   WITH
                                   INTERIM APPLICATION NO. 17493 of 2022
                                                    IN
                                        FIRST APPEAL NO.924 OF 2022

                     National Insurance Company Ltd.            ...     Appellant/Applicant
                          Versus
                     Malan Anil Holkar And Ors.                 ...     Respondents
                                                     .....
                     Mrs. Shalini Shankar, for the Appellant/Applicant.
                                                     .....

                                             CORAM : PRITHVIRAJ K. CHAVAN, J.

DATED : 20th February, 2023.

P.C.

1. By an order dated 30th August, 2022, this Court had directed

the appellant to file copy of the entire compilation within a period

of ten weeks from that day. There is no compliance of the said

order till date. It has also been observed that a short point is

involved in this Appeal and therefore, this Court deem fit, if

necessary, to issue notice to the respondents.

2. Subsequently, on 17th November, 2022, none appeared for the

appellant and therefore, Appeal was listed for dismissal after two

weeks.

Digitally signed by REKHA REKHA PRAKASH PRAKASH PATIL PATIL 1 of 2 Date:

2023.02.22 11:27:50 +0530 Rekha Patil 10-fa-924-2022.doc

3. Even today, learned Counsel admits that the compilation has

not been filed. The impugned judgment of the Motor Accident

Claims Tribunal, Sangli was delivered in 2021. Learned Counsel for

the appellant again prays for giving a last chance to argue the

Appeal on merits, especially on the aspect of dependency.

4. In the interest of justice and by way of indulgence, list the

Appeal "for Final Argument" on 13th March, 2023.

5. Meanwhile, liberty to the claimants to withdraw balance of

75% amount of compensation which has been deposited by the

appellant before the MACT, Sangli.

6. Learned Counsel for the appellant shall intimate the learned

Counsel for the claimants about this order.

                                     [PRITHVIRAJ K. CHAVAN, J.]




     Rekha Patil                                                 2 of 2