Shri. Anant Kisan Pawar And ORS. v. The Oriental Insurance Company Limited

(18)-CAF-2675-2014 in RC-442-2010.doc 10.03.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by MOHAMMAD NAJEEB MOHAMMAD QAYYUM Date:

2022.03.11 10:51:12 +0530 MOHAMMAD NAJEEB MOHAMMAD QAYYUM CIVIL APPELLATE JURISDICTION Civil Application (CAF) No. 2675 / 2014 in Rejected Case No. 442 / 2010 Shri. Anant Kisan Pawar and Ors.

... Applicants In the matter between The Oriental Insurance Company Limited ... Appellants

Versus

Mr. Kisan B. Pawar (Since deceased through his legal heirs;

1) Dhavalya K. Pawar & Ors.

... Respondents **** Mr. M.S. Kadu, Advocate for the Applicants.

Mr. Yogesh Patil i/by Vijay Patil, Advocate for Respondent No.5. **** CORAM : SANDEEP K. SHINDE, J.

DATE : 10 th MARCH, 2022.

P.C.

1.

The Applicants were Claimants in Motor Accident Claim Petition No. 280/1996. Their claim was granted by the Motor Accident Claims Tribunal, Raigad, at Alibag, vide award dated 10 th January, 2007. The award was challenged by the Oriental Insurance Company - Original Opponent No.3. Alongwith an appeal, they Najeeb 1/2

(18)-CAF-2675-2014 in RC-442-2010.doc 10.03.2022 moved Civil Application No. 2675/2014, seeking condonation of 560 days delay, caused in preferring the First Appeal. Pending that application, Insurance Company deposited the compensation in the Tribunal. On 4 th February, 2010, delay was not condoned. Thus, appeal stood dismissed. In that view of the matter, Motor Accident Claims Tribunal, Raigad, at Alibag, is directed to pay the compensation, deposited by the Insurance Company in Motor Accident Claim Petition No. 280/1996, alongwith interest accrued thereon. Application is allowed and disposed of. (SANDEEP K. SHINDE, J.) Najeeb 2/2