Branch Manager Bajaj Alliance General ... vs Rupali Pravin Gaikwad And Others
2024 Latest Caselaw 13717 Bom

Bombay High Court

Branch Manager Bajaj Alliance General ... vs Rupali Pravin Gaikwad And Others on 2 May, 2024

                           1                    13-CA.4394-24.odt


     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                BENCH AT AURANGABAD

          13 CIVIL APPLICATION NO. 4394 OF 2024
                    IN FAST/11293/2024
                           WITH
           CIVIL APPLICATION NO. 4396 OF 2024
                    IN FAST/11293/2024

BRANCH MANAGER BAJAJ ALLIANCE GENERAL INSURANCE
                  COMPANY LTD
                     VERSUS
       RUPALI PRAVIN GAIKWAD AND OTHERS

                              ...
       Advocate for Applicant : Mr. Deshmukh Mohit R.
     Advocate for Respondent Nos.1 to 4 : Mr. V. S. Bedre.
                              ...

                         CORAM :     S. G. MEHARE, J.

                         DATE :      02.05.2024

PER COURT :-

1. Heard the learned counsel for the applicant.

2. Issue notice to the respondents.

3. Learned counsel Mr. Bedre waives service of notice for

respondent Nos.1 to 4/claimants.

4. Learned counsel for the applicant submits that soon after

the accident, it was informed that it was self negligent act.

However, after 21 days, the FIR involving the offending vehicle

was lodged. This was the defence brought before the learned 2 13-CA.4394-24.odt

Tribunal. However, it was not considered and the liability is

incorrectly saddled on the appellant.

5. Learned counsel for contesting respondent Nos.1 to 4

seeks time to take instructions.

6. Time granted as prayed.

7. Considering the grounds raised in the appeal, there shall

be interim stay to the execution, implementation of the

impugned judgment and award, on the condition to deposit

the entire amount of compensation, as per the impugned

judgment and award with interest within eight (8) weeks from

today.

8. If the money is not deposited in a given time, the stay

would be vacated automatically.

9. There shall be no extension of time to deposit the money

as directed.

10. Stand over to 24.07.2024.

(S. G. MEHARE, J.)

...

vmk/-