H.D.F.C. Ergo General Insurance ... vs Sou. Kanta Popat Chavan And Ors
2024 Latest Caselaw 24212 Bom

Bombay High Court

H.D.F.C. Ergo General Insurance ... vs Sou. Kanta Popat Chavan And Ors on 16 August, 2024

Author: M. M. Sathaye

Bench: M. M. Sathaye

          Digitally signed
        by ANANT
ANANT   KRISHNA NAIK
KRISHNA Date:
NAIK    2024.08.19                                                                            43.FA.594.2023.doc
        11:43:46
          +0530

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

                                             FIRST APPEAL NO. 594 OF 2023

             H.D.F.C. ERGO General Insurance Co. Ltd.                              ....Appellant
                   Versus
             Sou. Kanta Popat Chavan & Ors.                                        ....Respondents

                                                 ****
             Ms. Sweta Shah i/b Mr. Abhijit P. Kulkarni for the Appellant.
             None present for the Respondents
                                                 ****

                                                    CORAM :         M. M. SATHAYE, J.

                                                    DATED :         16 AUGUST 2024

             P.C.:

1. Heard learned Counsel for the Appellant - Insurance Company. None

for the Respondents though served. By the impugned Judgment and Award,

the Insurance Company has been held liable jointly and severally with owner

to pay compensation.

2. Learned Counsel for the Appellant submits that notice of final hearing

is already issued on 6 March 2024 and all the Respondents are served.

Compilation of documents is also filed. She submits that the main contention

of the Appellant-Insurance Company is that this was a fit case to pass an

order of 'pay and recover' in peculiar facts of this case.

3. In absence of Respondents, the Appeal cannot be finally disposed of

43.FA.594.2023.doc

and the Court is constrained to adjourn the matter.

4. Stand over to 13 September 2024 for further hearing.

5. The Appellant to give specific notice of the next date to the Advocate

for the Respondent Nos. 1 and 2 / Claimants and also to the Respondent

Nos. 3 - Owner.

(M. M. SATHAYE, J.)