The Branch Manager The New India ... vs Smt Anuradha Eknath Yeilwad And Others
2024 Latest Caselaw 13782 Bom

Bombay High Court

The Branch Manager The New India ... vs Smt Anuradha Eknath Yeilwad And Others on 2 May, 2024

                              1                    20-CA.4487-24.odt


      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 BENCH AT AURANGABAD

           20 CIVIL APPLICATION NO. 4487 OF 2024
                  IN FAST/11329/2024 WITH
            CIVIL APPLICATION NO. 4488 OF 2024
                     IN FAST/11329/2024

     THE BRANCH MANAGER THE NEW INDIA ASSURANCE
                    COMPANY LTD
                      VERSUS
       SMT ANURADHA EKNATH YEILWAD AND OTHERS

                              ...
          Advocate for Applicant : Mr. Ambhore M. M.
                              ...

                             CORAM :    S. G. MEHARE, J.

                             DATE :     02.05.2024

PER COURT :-

1. Heard the learned counsel for the appellant/applicant.

2. Issue notice to the respondents, returnable on

29.07.2024.

3. Learned counsel for the appellant submits that the first

information report was lodged against the unknown truck. The

offending vehicle was involved in the accident falsely. The

deceased himself was negligent for causing the accident. This

aspect exonerate the insurer from the liability to pay the

compensation have not been properly appreciated.

2 20-CA.4487-24.odt

4. 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.

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 29.07.2024.

(S. G. MEHARE, J.)

...

vmk/-