The New India Assurance Co. Ltd., ... vs Smt. Shakuntala Ratnakar ...
2023 Latest Caselaw 674 Bom

                                                                   15-fa199-2021.doc


 VRJ
       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               CIVIL APPELLATE JURISDICTION

                  FIRST APPEAL NO.199 OF 2021
                             WITH
              INTERIM APPLICATION NO.1091 OF 2021
                              IN
                  FIRST APPEAL NO.199 OF 2021


 The New India Assurance Co. Ltd., Pune              ... Appellant
            V/s.
 Shakuntala Ratnakar Kulkarni & Anr.                 ... Respondents


 Mr. D.S. Joshi for the appellant.


                                   CORAM : AMIT BORKAR, J.

                                   DATED       : JANUARY 18, 2023


 P.C.:

 FIRST APPEAL NO.199 OF 2021

Issue notice to the respondents, returnable on 1st March, 2023.

INTERIM APPLICATION NO.1091 OF 2021

1. According to the applicant, the accident occurred on the next day of the date of expiry of policy, therefore, the judgment in United India Insurance Company Limited Vs. Laxmamma and Ors. reported in 2012 ACJ 1307 SC needs to be interpreted in the facts of the said case.

15-fa199-2021.doc

2. There shall be ad-interim relief in terms of prayer clause (a) till 15th March 2023, subject to the appellant depositing entire decretal amount along with interest with the Tribunal within six (6) weeks from today.

3. In case the appellant fails to deposit entire decretal amount along with interest within six (6) weeks from today, the ad-interim relief shall stand vacated without further reference to the Court.

(AMIT BORKAR, J.)