National Insurance Co. Ltd. v. Smt. Saroj Shrikant Jajoo And ORS.

47.caf.1752.2018.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1752 OF 2018 IN FIRST APPEAL (ST) NO.13166 OF 2018 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Amol Gatane for applicant.

Mr. Ambadas Chatuphale for respondent Nos.

1 to 5.

CORAM : K. K. TATED, J DATE : MARCH 26, 2019 P.C.:

.

Heard learned Counsel for parties.

2.

By this Civil Application, applicantInsurance Company is seeking condonation of 262 days delay in filing First Appeal, challenging the judgment and award dated 27.04.2017 passed by Motor Accident Claim Tribunal, Nashik in Motor Accident Claim Petition No.856 of 2010.

S.C. Magar 1/2

47.caf.1752.2018.doc 3.

The learned Counsel for the applicant submits that this Hon'ble Court be pleased to dispense with service on respondent Nos. 6 and 7 because they are owner and driver of the vehicle. He submits that by this First Appeal, they are challenging only the quantum of the compensation awarded by the tribunal. Same is permitted.

4.

Considering the submissions made by learned Counsel for the applicant, averments made in Civil Application, I am satisfied that the applicant has made out case for following order :- a) Delay in filing First Appeal is condoned.

b) Service on respondent Nos.6 and 7 is dispensed with.

c) Civil Application stands disposed of accordingly.

d) No order as to costs.

(K.K.TATED, J.) S.C. Magar 2/2