United India Insurance Co Ltd Kallam v. Sakshi Mahesh Alias Parasaram Kadam And ORS

2024:BHC-AUG:6258 4-CA-7999-23-s.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 7999 OF 2023 IN FAST/16390/2023 UNITED INDIA INSURANCE CO. LTD.

VERSUS

SAKASHI MAHESH@PARASRAM KADAM AND OTHERS ...

Advocate for Applicant/insurer : Mr. A. B. Gatne Advocate for Respondents No.1 to 5 : Mr. Sushant B. Choudhari ...

CORAM : S. G. MEHARE, J.

DATE : 15-03-2024 PER COURT :- 1.

Heard the learned counsel for the applicant/insurer and the learned counsel for respondents No.1 to 5.

2.

Perused the application.

3.

There is a conflict on the fact of involvement of the offending vehicle and the quantum. The question has been raised that there was inordinate delay in lodging the first information report (FIR). 4.

Learned counsel for respondents submits that the learned Tribunal has accepted the explanation for delay in lodging the FIR. The case of respondents was genuine.

5.

Perused the grounds of appeal.

6.

The appellant has a case on merit. Besides that the appellant has deposited the entire compensation amount as per the impugned judgment and award. Hence, the following order is passed;

4-CA-7999-23-s.odt

ORDER

i) The application is allowed.

ii) The ad-interim stay granted by order dated 12.07.2023 stand confirmed till conclusion of the appeal. ( S. G. MEHARE ) JUDGE rrd Signed by: Rajesh Rameshrao Davane Designation: PA To Honourable Judge Date: 21/03/2024 12:10:11