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Bombay High CourtCA/7938/2017delay condonatedrejected

Iffco Tokyo General Insurance Co. Ltd, Thr Its Authorized Signatory, Aurangabad v. Ganesh Bhagwan Mahajan And ANR

2022-10-17Hon'Ble Shri Justice Sandipkumar C. More2 pages

{1} ca7938.17.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 7938 OF 2017 IN FIRST APPEAL ST. NO. 17107 OF 2017 IFFCO Tokya General Insurance Company Limited Applicant

Versus

Ganesh Bhagwan Mahajan & others Respondents Mr. S. G. Chapalgaonkar, advocate for the applicant. Mr. D. B. Pokale, advocate holding for Mr. D. B. Shinde, advocate for Respondents No.1 & 2.

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 17th October, 2022.

PC :

The learned Counsel for the Insurance Company submits that the Insurance Company is not challenging its liability to pay the compensation amount and, therefore, there cannot be any dispute between itself and owner and driver of the offending vehicle. As such, when the Insurance Company is only contesting the appeal on the ground of quantum, notice to Respondents No. 3 and 4 is dispensed with and the delay of 39 days stands condoned. The appeal be registered after removal of offce objections, if any.

(SANDIPKUMAR C. MORE) JUDGE adb

{2} ca7938.17.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD FIRST APPEAL ST. NO. 17107 OF 2017 IFFCO Tokya General Insurance Company Limited Applicant

Versus

Ganesh Bhagwan Mahajan & others Respondents Mr. S. G. Chapalgaonkar, advocate for the applicant. Mr. D. B. Pokale, advocate holding for Mr. D. B. Shinde, advocate for Respondents No.1 & 2.

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 17th October, 2022.

PC :

The learned Counsel for the appellant-Insurance Company submits that the matter can be conveniently kept before the Lok Adalat to be held on 12th November, 2022.

The learned Counsel for Respondents No.1 & 2, who are the original claimants, consented for the same. Since there is no dispute about the liability of appellant-Insurance Company to pay the compensation, notice to Respondents No. 3 and 4, who are the owner and driver of the offending vehicle, is dispensed with.

Place the matter before Lok Adalat on 12th November, 2022. (SANDIPKUMAR C. MORE) JUDGE adb