The Divisional Manager, Bajaj Allianz Insurance Comapny Limited v. Smt. Swati Sachin Jadhav And ORS.

1 115.1746.16 caf.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1746 OF 2016 IN FIRST APPEAL (ST) NO. 21092 OF 2015 The Divisional Manager, Bajaj .....Applicant Alianz Insurnace Company Limited V/s.

Smt. Swati Sachin Jadhav and others .....Respondents Mrs. Yogita Deshmukh for the applicant Mr. Pritesh Bohade for the respondents CORAM : K. K. TATED, J.

DATE :

MARCH 15, 2019.

P.C.

Heard learned counsel for the parties.

Advocate for the applicant filed affidavit of service dated 27/02/2019 showing that all the respondents are duly served. By this Civil Application, applicant is seeking condonation of 209 days delay in filing First Appeal challenging the Judgment and

2 115.1746.16 caf.doc Award dated 30/08/2014 passed by Motor Accident Claims Tribunal at, Nashik in Motor Accident Claim Petition No. 167/2011. The learned counsel appearing on behalf of respondent nos. 1 to 3 submit that they have no objection, if delay is condoned. Considering the submissions made by the learned counsel for the applicant, averments made in the Civil Application and respondents-original claimants have no objection, I am satisfied that applicant has made out a case for allowing the Civil Application. Hence, following order:

(I) Delay of 209 days in filing First Appeal is condoned.

(II) Civil Application stands disposed of.

(III) No order as to costs.

[K. K. TATED, J.]