United India Insurance Co. Ltd., Thr Its Divisional Manager, Aurangabad v. Purbhabai Gautam Wahule And ORS

C.A. No.11308/2018 :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.11308 OF 2018 IN FIRST APPEAL ST. NO.27062 OF 2018 United India Insurance Co. Ltd.

... APPLICANT

VERSUS

Purbhabai w/o Gautam Wahule & ors.

... RESPONDENTS .......

Mr. A.B. Gatne, Advocate for applicant Mr. S.V. Suryawanhi, Advocate for respondents No.1 to 4 .......

CORAM :

R. G. AVACHAT, J.

DATE :

11th AUGUST, 2021 PER COURT :

Heard learned counsel for the parties. There is about little over one and half year delay in obtaining certified copy of the impugned order. It is, however, informed by learned counsel for the applicant - Insurance Company that, the owner of the vehicle was involved in planting his vehicle in number of accidents for consideration.

After due investigation, the said fellow has been prosecuted in number of criminal cases. According to learned counsel, the time was

C.A. No.11308/2018 :: 2 ::

spent in investigating the matter and thereafter it was decided to prefer the appeal. It is also informed that, in the given circumstances, the claim petition pending before the Tribunal has been dismissed in default. The same speaks in volumes of false involvement of the vehicle.

2.

In view of the above, the application is allowed in terms of prayer clause (B). Delay condoned. First Appeal be registered.

( R. G. AVACHAT ) JUDGE fmp/-