The Oriental Insurance Co. Ltd. v. Shri. Sushobhan Babulal Rawal And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1803 OF 2014 IN FIRST APPEAL (STAMP) NO. 11213 OF 2014 The Oriental Insurance Co. Ltd.

... Applicant Vs.

Shri. Sushobhan Babulal Rawal & Ors.

... Respondents ...........

None for the Applicant.

Mr. Yogeh G. Thorat i/b. Mr. D. D. Shinde for the Respondent No.1. ..........

CORAM: MADHAV J. JAMDAR, J.

DATE : 18th SEPTEMBER, 2021.

P. C. :- 1.

None for the applicant.

2.

Heard Mr. Yogesh Thorat i/b. Mr. D. D. Shinde, learned counsel for respondent No.1. He submits that sufficient reasons are not set out in the Civil Application and therefore the same be dismissed.

3.

The office note shows that the Civil Application stands dismissed as against respondent No.2 who is the owner of the vehicle. The applicant is Insurance Company.

4.

This Civil Application is taken out for condonation of delay of 118 days. By the impugned award dated 6th September, 2013 the applicant was inter alia directed to pay compensation of Rs.1,26,300/- alongwith future interest at the rate of 8% per annum Sonali

2/2 1.CAF.1803.2014.doc from the date of petition till realization of the entire amount. 5.

In paragraph No.4 various reasons are set out for condonation of delay including that authorized signatory of the applicant i.e. Manager and other officers were busy in audit work, closing work as well as Maha Lok Adalat work. The respondent No.1 who is the original claimant is duly served in 2014, till date no reply affidavit to this Civil Application is filed. Therefore, the averments in the Civil Application giving reasons have remained uncontroverted. 6.

I find that the reasons are set out elaborately and sufficient reasons are given therefore, the Civil Application is allowed in terms of prayer clause (a).

7.

The Civil Application is disposed of accordingly. (MADHAV J. JAMDAR, J.) Sonali