National Insurance Co. Ltd., Br Mngr, 201, A-Wing, Ambar Plaza, Station Road, Ahmednagar v. Mangal Babasaheb Shirshath And ORS

918-CA-10900-2022

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 10900 OF 2022 IN FIRST APPEAL (ST) NO. 12735 OF 2020 WITH CA/10902/2022 IN FAST/12735/2020 NATIONAL INSURANCE COMPANY LTD BRANCH MANAGER 201 A-WING AMBAR PLAZA STATION ROAD AHMEDNAGAR

VERSUS

MANGAL BABASAHEB SHIRSHATH AND OTHERS ...

Mr. S.V. Kulkarni h/f. Mr. S.N. Pagare - Advocate for Applicant Mr. A.M. Soni - Advocate for Respondents ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 31st March, 2023 PER COURT :

1.

As per pursis dated 28th February, 2023 and the death certificate annexed to it, it is evident that respondent no.6 - Rambhabai Sonyabapu Sirsath in the appeal has expired on 12th June, 2022. Her husband is already on record as respondent no.5.

2.

In view of the same, the appellant - Insurance Company is directed to delete the name of Rambhabai i.e. respondent no.6 forthwith.

1/2

918-CA-10900-2022 CIVIL APPLICATION NO. 10900 OF 2022 3.

Heard rival submissions.

4.

The insurance Company is seeking condonation of delay of only 7 days. Considering the short period, it stands condoned.

5.

The appeal be placed for admission after removal of office objections, if any.

6.

The Civil Application is accordingly disposed of. CIVIL APPLICATION NO. 10902 OF 2022 7.

Since the appellant - Insurance Company has deposited entire amount of compensation alongwith the interest, the application is made absolute in terms of prayer clause 'B' and disposed of.

FIRST APPEAL (ST) NO. 12735 OF 2020 8.

Since there are chances of settlement, stand over to 17th April, 2023.

[ SANDIPKUMAR C. MORE ] JUDGE Pooja Kale 2/2