Ashru Narayan Chate v. Gautami Limbahi Ujagare And ORS

{1} 20 sr. no. stay.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 20 CIVIL APPLICATION NO. 10040 OF 2017 IN FAST/16842/2017 ASHRU NARAYAN CHATE

VERSUS

GAUTAMI LIMBAHI UJAGARE AND ORS ...

Advocate for Applicant : Mr. Ashok D. Raut Adv. for Respondent No.3 3 : Mr. A.S. Usmanpurkar . . .

CORAM : K.K. SONAWANE, J.

DATE : 2ND JULY, 2018.

PER COURT:

Heard the learned counsel for the applicant/appellant and learned counsel for respondent No.3 Insurance company. No one appeared on behalf of respondent Nos. 1 and 2.

Perused the application, the learned Tribunal has imposed liability for payment of compensation within two months from the appellant and insurance company. It has also been stipulated that in case compensation amount is not paid within two months the respondent Insurance company shall pay the same to the claimant and recover the same from the respondent Nos. 1 and 3.

Record demonstrates that the learned Tribunal passed the impugned judgment and award in the month of January, 2017. In such circumstances, two months period granted to the appellant and respondent No.2 has already been lapsed. Therefore, it would obligatory for the respondent/Insurance company to pay the amount of compensation and then get it recovered from the appellant and respondent No.2 - owner of the offending vehicle in this first appeal.

{2} 20 sr. no. stay.odt In such circumstances, there is no propriety to grant stay in favour of the appellant which would preclude the claimants for recovery of the amount of compensation. Hence, stay petition being devoid of merit, stands dismissed.

[K.K.SONAWANE, J] grt/-