United India Insurance Co.Ltd., Nashik v. Hausabai Pandharinath Bhangare And ORS.

12. FA(ST) 19736 of 2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL (ST) NO. 19736 OF 2022 ALONGWITH INTERIM APPLICATION NO. 17647 OF 2022 IN FIRST APPEAL (ST) NO. 19736 OF 2022 ALONGWITH INTERIM APPLICATION NO. 17646 OF 2022 IN FIRST APPEAL (ST) NO. 19736 OF 2022 United India Insurance Co. Ltd. Nashik ...Appellant vs.

Husabai Pandharinath Bhangare

...Respondent

***** Ms. Gargi Warunjikar i/by Mr. Nitesh V. Bhutekar - Advocate for the Appellant ***** CORAM :

S. M. MODAK, J.

DATE :

24th AUGUST, 2022 P. C. :- INTERIM APPLICATION NO. 17646 OF 2022 1.

Heard learned Advocate for the Appellant-Insurance Company. 2.

According to them there is delay of 67 days in filing the First Appeal. Whereas Farad Sheet dated 23/08/2022 mentioned that Appeal is filed in time. That office note is accepted. Appeal is considered as filed in time.

3.

Interim Application No. 17646 of 2022 is disposed of. SEEMA KSHITIJ YELKAR by SEEMA KSHITIJ YELKAR Date: 2022.08.26 11:57:11 +0530 Seema 1/2

12. FA(ST) 19736 of 2022.doc FIRST APPEAL (ST) NO. 19736 OF 2022 4.

Heard.

5.

As per Judgment of the Motor Accident Claims Tribunal, Nashik dated 27/09/2021, the tribunal is directed to pay amount of compensation to the claimants.

6.

The Appeal is filed as insurance company is not satisfied about the quantum so also it is their contention that claim of the offending vehicle is not valid.

7.

Appeal admitted. Issue notice to the Respondents. Call record and proceedings. Paper book be filed within one year. INTERIM APPLICATION NO. 17647 OF 2022 8.

Heard.

9.

The Appellant-Insurance Company is ready to deposit the amount as directed by the Tribunal within a period of four weeks to deposit before the Motor Accident Claims Tribunal, Nashik subject to that judgment of Tribunal Nashik is stayed.

10. The Office is directed to transfer Statutory Deposit of Rs. 25,000/- to the Court of Motor Accident Claims Tribunal, Nashik. [S. M. MODAK, J.] Seema 2/2