Iffco-Tokio General Ins. Co. Ltd. v. Smt. Shantabai Bandu Shinde And ORS.

Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2710 OF 2017 IN FIRST APPEAL STAMP NO. 17118 OF 2017 Iffco-Tokio General Ins.Co. Ltd.

.. Applicant Vs.

Smt.Shantabai Bandu Shinde and ors.

.. Respondents Ms.Shalini Shankar, for the Applicant.

CORAM : K.K.TATED, J.

DATE : 20th AUGUST, 2019 P.C. :

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Heard learned Counsel for the applicant.

2.

Office note shows that respondents No. 2 & 3 are duly served. Civil Application stood abated as against respondent No.1 vide Registrar (Judicial - II) Court's order dated 20/08/2018.

3.

The impugned order dated 21/11/2015 shows that 1/3

the Motor Accident Claim No. 351 of 2010 stood dismissed against respondent No.2 i.e. the Oriental Insurance Co. Ltd. 4.

By this Civil Application, applicant is seeking condonation of 103 days delay in filing First Appeal challenging Judgment and Award dated 21/11/2015 passed by Motor Accident Claims Tribunal, Kolhapur in Motor Accident Claims No. 351 of 2010.

5.

Considering the submissions made by learned Counsel for the applicant and averments made in Civil Application, I am satisfied that applicant has made out a case for allowing Civil Application. Hence following order.

O R D E R

i) Delay in filing the First Appeal is condoned. ii) Civil Application is disposed of accordingly. iii) First Appeal stands dismissed against respondent No.1; Registry to make endorsement in First Appeal memo to that effect.

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iv) No order as to costs.

(K.K.TATED, J.) 3/3