Icici Lombard General Insurance Company Ltd v. Tara Vasant Chavan And ORS

27.CAF5349_2011.doc Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 5349 of 2011 IN FIRST APPEAL (St.) No. 34240 OF 2011 ICICI Lombard General Insurance Co. Ltd.

... Applicant Vs.

Mrs. Tara Vasant Chavan & Ors.

... Respondents Mr. Rahul Mehta i/b. KMC Legal Venture, Advocate for the applicant. Mr. S.R. Chavanke and R.B. Chavanke, Advocate for respondent nos. 1 to 3.

Mr. Ganesh Kamath i/b. S.P. Bharti, Advocate for respondent no. 5. CORAM: MRS.MRIDULA BHATKAR, J.

DATE: 23rd January, 2018.

P.C.:

This Application is moved for condonation of delay in filing the First Appeal.

2.

The learned counsel for the respondents/original claimants submitted that Dhumabai Mansingh Chavan was the grandmother of original claimants/applicants No. 2 and 3 and was the mother of deceased Vasant Chavan. Due to her death, the proceedings is dismissed against her. Her legal heirs are already on record. 3.

This Appeal is filed by the insurance company and the learned counsel submitted that there is delay of 185 days in filing the Appeal. 1 / 2

27.CAF5349_2011.doc The learned counsel submitted that the delay is caused due to compliance of procedural formalities.

4.

The learned counsel for the respondents/original claimant opposed the application.

5.

The learned counsel for the respondent no. 5/owner submits to the order of the Court.

6.

In view of this, delay of 185 days is condoned. 7.

First Appeal be registered.

8.

Civil Application is allowed and is disposed of accordingly. (MRIDULA BHATKAR, J.) 2 / 2