Bajaj Allianz General Insurance Co Ltd v. Shashirao Kashinath Pawar And ANR

17 caf2161-13.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2161 OF 2013 IN FIRST APPEAL NO.1468 OF 2011 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Sarthak S. Diwan for the Applicant CORAM : K. K. TATED, J DATE : SEPTEMBER 11, 2019 P.C.:

.

Heard.

By this Civil Application, Applicant Insurance Company is seeking condonation of 92 days delay in filing Civil Application for setting aside order dated 10.09.2012 by which Civil Application No.2900 of 2011 for stay of order dated 4.2.2011 passed by MACT, Thane in MACP No.16 of 2007 holding that Respondent original Claimant is entitled sum of Rs.69,200/- by way of compensation with Mohite 1/2

17 caf2161-13.doc interest @ 7.5% p.a. for permanent disability caused to him due to injury caused in motor accident which took place on 9.12.2005, stand dismissed.

Office note shows that present Civil Application stands dismissed against Respondent no.1 original Claimant by order dated 20.12.2016 passed by learned Registrar (Judicial-II). Respondent No.2 is owner of offending vehicle.

In view of dismissal of Civil Application against Respondent no.1 original Claimant, nothing survives in this application. Hence, following order is passed a. Civil Application stands dismissed as infructuous.

b. No order as to costs.

(K.K.TATED, J.) Mohite 2/2