The Oriental Insurance Co.Ltd., ... vs Smt.Jagruti Jayawant Bidaye And ...
2023 Latest Caselaw 7292 Bom

                                 1 21 fa 1165-22 with ia 19147-22n 13660-23-c.doc


                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CIVIL APPELLATE JURISDICTION

                             FIRST APPEAL NO.1165 OF 2022
                                         WITH
                         INTERIM APPLICATION NO.19147 OF 2022
                                         WITH
                         INTERIM APPLICATION NO.13660 OF 2023
                                          IN
                             FIRST APPEAL NO.1165 OF 2022

 The Oriental Insurance Co. Ltd.                       ... Appellant
       Vs.
 Smt. Jagruti Jayawant Bidaye and ors.                 ... Respondents
                                  -------

 Ms.Chinmayee Ghag i/by Mr.Nishant Rana, Advocates for the Appellant.
 Mr.Nayan Mahar i/by M/s Khaitan Legal Associates, Advocate for the
 Respondents No.1 and 2.

                                            -------

                            CORAM :     ABHAY AHUJA, J.

                            DATE :      21 JULY, 2023.


 P.C. :


 INTERIM APPLICATION NO.19147 OF 2022

1. This is an application seeking stay on the execution of the impugned

judgment and award dated 6th October, 2021 passed by the Motor

Accident Claims Tribunal, Oras in M.A.C.P. No.7 of 2019.

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2. Ms.Chinmayee Ghag, learned counsel for the Appellant submits that

the Appellant-Insurance Company has pursuant to order dated 21 st

November, 2022 already deposited the entire decretal amount in the

MACT and the stay granted by the said order dated 21 st November, 2022

be continued till the final disposal of the appeal.

3. Having heard the learned counsel and having perused the

application, and record, let the stay granted earlier continue till final

disposal of the appeal.

4. Interim application stands accordingly disposed.

FIRST APPEAL NO.1165 of 2022

5. Ms.Chinmayee Ghag, learned counsel for the Appellant would

submit that the primary ground of challenge to the order of the Tribunal

is that the driver of the tempo did not have a driving license and also

that the tempo was carrying more than three persons and that there was

a breach of the terms and conditions of the policy. Since this is the only

issue that requires consideration, in view of the decision of the Hon'ble

Priya R. Soparkar 2 of 3

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Supreme Court in case of National Insurance Company Limited Vs.

Swaran Singh and ors.1, I am of the view that interests of justice would be

served, if the appeal is finally heard at the stage of admission.

6. Accordingly, list this matter on 31st August, 2023 for final disposal.

7. Registry is directed to call for the record and proceedings by the

next date. The Appellant/Respondents to file compilation of the

documents with a copy to the other side by the next date.

                                                       (ABHAY AHUJA, J.)




 1    SPL (C) 9027 of 2023


  Priya R. Soparkar                                                                        3 of 3