← Library
Bombay High CourtCAF/4931/2016allowed

The New India Assurance Co. Ltd. Through Mumbai Legal Hub v. Smt. Hemlata Rajendra Dhumal And ORS.

2017-06-13Hon'Ble Shri Justice G.S. Patel2 pages

908-CAF4931-16+.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4931 OF 2016 WITH CIVIL APPLICATION NO.4932 OF 2016 IN FIRST APPEAL (ST) NO.29617 OF 2016 The New India Assurance Co Ltd ...Appellant

Versus

Hemlata Rajendra Dhumal & Ors

...Respondents

Mr Sandeep Jimsiwale, for the Appellant.

CORAM: G.S. PATEL, J DATED:

13th June 2017 PC:- 1.

The delay of 96 days in filing the First Appeal is condoned. 2.

The Appellant is the insurer. The Appeal is directed against an order of Motor Accident Claims Tribunal ("MACT"), Pune in a fatal accident case. An amount of Rs.27,70,000/- is awarded by the order and judgment dated 1st April 2016.

13th June 2017

908-CAF4931-16+.DOC 3.

The impugned order and judgment is stayed subject to the Appellant depositing the entire amount with accrued interest with the MACT on or before 4th July 2017. In default, the stay will cease to operate and execution will proceed.

4.

In my view this is a fit case to be placed before the Lok Adalat to be held on 8th July 2017. Both sides will take instructions on a possible settlement. Mr Jimsiwale agrees to serve the Respondents privately before the date of the Lok Adalat, 8th July 2017. 5.

A copy of this order shall be placed before the Registrar (Judicial)-1 for his reference.

(G. S. PATEL, J.) 13th June 2017