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Bombay High CourtCAF/3038/2019disposed off

Bajaj Allianz General Insurance Co.Ltd. v. Mr. Karan Pratap Maniar Thr. Next Friend And Mother Smt. Meera Pratap Maniar And ANR.

2019-11-28Hon'Ble Shri Justice R.D. Dhanuka1 pages

kvm 1/1 20-CAF3038.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3038 OF 2019 IN FIRST APPEAL (ST) NO. 14412 OF 2019 Bajaj Allianz General Insurance Co. Ltd.

..... Applicant

VERSUS

Karan Pratap Maniar & Anr.

..... Respondents Mr.Devendra S. Joshi for the Applicant/Appellant. Mr.Saumen S. Vidyarthi for the Respondent no. 1. CORAM :

R.D. DHANUKA, J.

DATE :

28th NOVEMBER, 2019 P.C.

Learned counsel for the respondent no.1 waives service. 2.

The notice on respondent no.2 is dispensed with in view of the dispute only of quantification and in view of the case of the insurance company in respect of the non involvement and non negligence of the offending vehicle.

3.

There is delay of 49 days in filing first appeal. 4.

Heard learned counsel appearing for the parties and I have perused the averments made in the civil application. Delay is explained in paragraph (4) of the civil application. I am satisfied with the explanation rendered in paragraph (4) of the civil application. For the reasons recorded in the civil application, civil application is made absolute in terms of prayer clause (a). No order as to costs. [R.D.DHANUKA, J.]