Icici Lombard General Insurance Company Limited v. Sunita Shankar Karne And ORS.

26 caf 2452-13=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO. 2452 OF 2013 IN FIRST APPEAL (ST.) NO. 14716 OF 2013 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Ms. Varsha Chavan for the applicant.

Mr. Sachin Punde for the respondent nos. 1 to 4. CORAM : K. K. TATED, J.

DATED : 08/04/2015.

P.C.:

.

Heard learned Counsel for the parties.

Though, the respondent nos.5 & 6 are duly served, no one appeared on behalf of them when the matter called out.

This application is preferred by insurance company for condonation of 167 days delay in filing First Appeal challenging the Award dated 13.07.2012 passed by the the Motor Accident Claims Tribunal, Pune in M.A.C.P. No. 1179 of 2009.

Considering the submissions made by learned counsel for the applicant and averments made in Sneha Chavan 1/2

26 caf 2452-13=.doc civil application, I am satisfied that applicant has made out the case for allowing the civil application. Hence, civil application is allowed in terms of prayer clause (a), which reads thus:

"a) That delay of 167 days caused in filing the appeal against the impugned judgment and Award dated 13.07.2012 passed by Member, MACT, Pune in the Motor Accident Claims Tribunal application no. 1179 of 2009 be kindly condoned and the appeal be heard on merits."

Civil Application stands disposed of accordingly.

(K.K.TATED, J.) Sneha Chavan 2/2