Icici Lombard General Insurance Co. Ltd. Through Its Authorized Representative Mr. Sankalp Prabhaka v. Smt. Arunakumari Ramarao Joti And ORS.

P.H. Jayani 47 CAF67.17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 67 OF 2017 IN FIRST APPEAL (ST.) NO. 523 OF 2017 ICICI Lombard General Insurance Co. Ltd.

....Appellant/Applicant V/s.

Smt. Arunakumari Ramarao Joti & Ors.

....Respondents Mr. Rajesh Kanojia I/b. Res Juris for the appellant in FAST 523 of 2017 and for the applicant in CAF 67 of 2017.

Mr. Pritesh K. Bohade for the applicant in CAF 2128 of 2018. CORAM : V.M. DESHPANDE, J.

DATED : 26th JUNE, 2018.

P.C.:

.

This is an application for condonation of delay in filing the First Appeal before this Court. This application is filed by the Insurance Company. The Insurance Company wish to challenge the judgment and award in Motor Accident Claim Petition No.1366 of 2011 dated 08th February, 2016 passed by Member, MACT and District Judge-5, Nashik granting the claim in favour of the non-applicant nos.1 to 3. 2.

Heard Mr. Rajesh Kanojia, learned counsel for the appellant and Mr. Pritesh Bohade, learned counsel for the applicant nos.1 to 3/original claimants.

P.H. Jayani 47 CAF67.17.doc 3.

For the reasons stated in the application, the application is allowed. The delay of 155 days in preferring this appeal is condoned subject to payment of cost of Rs.5,000/- (Rupees Five Thousand) to be paid by the appellants to Legal Aid Committee within a period of three weeks from today.

4.

Civil Application is disposed of.

(V.M. DESHPANDE, J.)