Bajaj Alliance General Insurance ... vs Surekha Revanath Dudakikar And Others
2024 Latest Caselaw 13781 Bom

Bombay High Court

Bajaj Alliance General Insurance ... vs Surekha Revanath Dudakikar And Others on 2 May, 2024

                                1                     10-FA.1088-24.odt


      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 BENCH AT AURANGABAD

                10 FIRST APPEAL NO. 1088 OF 2024
                              WITH
               CIVIL APPLICATION NO. 4460 OF 2024
                         IN FA/1088/2024

     BAJAJ ALLIANCE GENERAL INSURANCE COMPANY LTD
                        VERSUS
        SUREKHA REVANATH DUDAKIKAR AND OTHERS

                               ...
        Advocate for Appellant : Mr. Deshmukh Mohit R.
                               ...

                               CORAM :    S. G. MEHARE, J.

                               DATE :     02.05.2024

PER COURT :-

1. Heard the learned counsel for the appellant.

2. Issue notice to the respondents, returnable on

23.07.2024.

3. Learned counsel for the appellant submits that there was

inordinate delay of 36 days in lodging the FIR. The

involvement of the offending vehicle was doubtful in the

accident. There was no cogent and liable evidence before the

Tribunal to believe that the offending vehicle was involved in

the accident. The claimant and owner of the offending vehicle

were in collusion. However, this material aspects have not 2 10-FA.1088-24.odt

been properly appreciated. Therefore, the stay may be

granted.

4. Considering the grounds raised in the appeal, the

applicant has good grounds for ex-parte interim stay. 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 23.07.2024.

(S. G. MEHARE, J.)

...

vmk/-