The New India Assurance Co. Ltd. v. Navinbhai Meghajibhai Patel And Othrs

11.FA100_2014 .doc Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL No. 100 OF 2014 WITH CIVIL APPLICATION No. 1358 OF 2010 IN FIRST APPEAL No. 100 OF 2014 The New India Assurance Co. Ltd.

... Appellant/Applicant Vs.

Navinbhai Meghajibhai Patel & Ors.

... Respondents None present for the appellant/applicant.

Ms. Poonam Mital, Advocate for respondent No. 5. CORAM: MRS.MRIDULA BHATKAR, J.

DATE:14th February, 2018.

P.C.:

This Appeal is directed against the judgment and award dated 21st May, 2009 passed by the learned Member, Motor Accident Claims Tribunal, Nashik in M.A.C.P. No. 418 of 2003. By the said judgment, the learned Member of the Tribunal has granted compensation of Rs.78,750/- along with interest @ 9% p.a. from the date of filing of the petition till realization of the entire amount. It is an injury claim.

2.

The learned counsel for respondent No. 5 submitted that delay application has been dismissed against respondent No. 3-Soyyab Ze Merchant/owner of offending vehicle, who is opponent No. 2 in the 1 / 2

11.FA100_2014 .doc Claim Petition and opponent nos. 1 to 3 are jointly and severally liable to pay compensation of Rs.78,750/- to the claimant. Hence, this Appeal.

3.

The record shows that no steps are taken by the appellant/insurance company. This Appeal is pending for admission since 2014. Hence, First Appeal is dismissed. 4.

In view of dismissal of First Appeal, Civil Application does not survive and the same is accordingly disposed of. (MRIDULA BHATKAR, J.) 2 / 2