The New India Assurance Co Ltd Through ... vs Gayabai Baban Babhale And Other
2024 Latest Caselaw 13751 Bom

Bombay High Court

The New India Assurance Co Ltd Through ... vs Gayabai Baban Babhale And Other on 2 May, 2024

                           1              14-CA.4404-24 (14,19).odt


     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                BENCH AT AURANGABAD

          14 CIVIL APPLICATION NO. 4404 OF 2024
                 IN FAST/11308/2024 WITH
           CIVIL APPLICATION NO. 4406 OF 2024
                    IN FAST/11308/2024

     THE NEW INDIA ASSURANCE CO LTD THROUGH ITS
                  BRANCH MANAGER
                       VERSUS
          GAYABAI BABAN BABHALE AND OTHER

                               AND

          19 CIVIL APPLICATION NO. 4485 OF 2024
                 IN FAST/11304/2024 WITH
           CIVIL APPLICATION NO. 4486 OF 2024
                    IN FAST/11304/2024

     THE NEW INDIA ASSURANCE CO LTD THROUGH ITS
                  BRANCH MANAGER
                       VERSUS
      PARBHATRAO NAMDEORAO JATALE AND OTHER

                              ...
      Advocate for Applicants : Mr. Choudhari Abhijit G.
                              ...

                         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. Both appeals are arising out of the same judgment and

award arising out of the same accident. The grounds raised in 2 14-CA.4404-24 (14,19).odt

the appeals were that at the time of accident the deceased

driver of the rickshaw had no legal and valid driving license.

He had contributed the negligence in causing accident. So far

as the passenger is concerned, his income is considered

exorbitantly.

4. In view of the grounds raised in the appeals, 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.

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

would be vacated automatically.

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

as directed.

7. Stand over to 25.07.2024.

(S. G. MEHARE, J.)

...

vmk/-