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Bombay High CourtCAF/2962/2014disposed off

Shri. Vijaybahadur R. Yadav And ANR. v. Mrs. Swati Vilas Gurav And ANR.

2018-01-23Hon'Ble Mrs. Justice Mridula Bhatkar3 pages

Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 2962 OF 2014 IN FIRST APPEAL (St.) No. 755 OF 2014 Vijaybahadur R. Yadav & Anr.

... Applicants Vs.

Mrs. Swati Vilas Gurav & Anr.

... Respondents WITH CIVIL APPLICATION No. 2222 OF 2014 IN FIRST APPEAL (St.) No. 747 OF 2014 Lalji Murji Savala & Ors.

... Applicants Vs.

Mrs. Swati Vilas Gurav & Anr.

... Respondents WITH CIVIL APPLICATION No. 2223 OF 2014 IN FIRST APPEAL (St.) No. 745 OF 2014 Lalji Murji Savala & Ors.

... Applicants Vs.

Mrs. Swati Vilas Gurav & Anr.

... Respondents WITH CIVIL APPLICATION No. 2224 OF 2014 IN FIRST APPEAL (St.) No. 749 OF 2014 Mrs. Rajkumari S. Yadav ... Applicant Vs.

Mrs. Swati Vilas Gurav & Anr.

... Respondents WITH CIVIL APPLICATION No. 2225 OF 2014 IN FIRST APPEAL (St.) No. 752 OF 2014 1 / 3

Vijaypratap S. Yadav & Ors.

... Applicants Vs.

Mrs. Swati Vilas Gurav & Anr.

... Respondents WITH CIVIL APPLICATION No. 2989 OF 2014 IN FIRST APPEAL (St.) No. 758 OF 2014 Kailashnath Mithalilal Yadav ... Applicant Vs.

Mrs. Swati Vilas Gurav & Anr.

... Respondents Mr. T.J. Mendon, Advocate for the applicants in all the matters. Mr. Sanjay Krishnan i/b. Harshada Rane, Advocate for respondent no. 2.

CORAM: MRS.MRIDULA BHATKAR, J.

DATE: 23rd January, 2018.

P.C.:

Upon mentioning, taken on production board.

2.

The learned counsel for the appellants submitted that in all these Appeals, the appellants/original claimants have challenged the judgment and award passed by the learned Member, Motor Accident Claims Tribunal, Mumbai thereby discharging the insurance company from liability.

3.

The learned counsel for the respondent no.2/insurance company is present.

2 / 3

4.

In Civil Application No. 2962 of 2014, respondent No. 1 is served. He submitted that there is delay of 89 days in filing First Appeal (St.) No. 755 of 2014, which may be condoned, as the Appeal is filed by the dependents.

4.

In view of the submissions, delay of 89 days in filing First Appeal is condoned.

First Appeal(St.) No. 755 of 2014 be registered.

5.

Civil Application No. 2962 of 2014 is allowed and is disposed of accordingly.

6.

In other five Civil Applications, the applicants are allowed to serve respondent No. 1 by courier.

(MRIDULA BHATKAR, J.) 3 / 3