The New India Assurnace Comapny Limited ... vs Sayyad Yunus Sayyad Saguji And Others
2024 Latest Caselaw 13785 Bom

Bombay High Court

The New India Assurnace Comapny Limited ... vs Sayyad Yunus Sayyad Saguji And Others on 2 May, 2024

                             1                    18-CA.4483-14.odt


     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                BENCH AT AURANGABAD

          18 CIVIL APPLICATION NO. 4483 OF 2024
                 IN FAST/11336/2024 WITH
           CIVIL APPLICATION NO. 4484 OF 2024
                    IN FAST/11336/2024

THE NEW INDIA ASSURNACE COMAPNY LIMITED THROUGH
               ITS BRANCH MANAGER
                      VERSUS
      SAYYAD YUNUS SAYYAD SAGUJI AND OTHERS

                              ...
     Advocate for Applicant : Ms. Anagha Vasantrao Rotte.
                              ...

                            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

deceased was around 18 years young boy riding the motor bike

with two pillion riders in the middle of the road. He did not

wear the helmet. It was the negligence of the deceased driver

of the motor bike. The driving licence of the deceased was not

produced on record though specific objection was raised. The

facts of accident have been brought into the light after 21 days

of the accident. In the absence of primary requirement of 2 18-CA.4483-14.odt

possessing the driving licence, no compensation can be

granted.

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/-