Bombay High CourtCAF/450/2018admittedallwdgrantedrule absolute

Bajaj Allianz General Insurance Co.Ltd., Pune Divisional Office, Thr. The Senior Executive v. Smt. Sonu Arun Pawar And 7 Others

2018-09-12Hon'Ble Shri Justice Z.A. Haq2 pages

1 caf450.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C.A.F. NO.450/2018 IN FIRST APPEAL NO.228/2017 Bajaj Allianz General Insurance Co. Limited ..Vs..

Smt. Sonu Arun Pawar and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri D.N. Kukday, Advocate for the appellant. Shri P.R. Agrawal, Advocate for respondent Nos.1 to 6. CORAM : Z.A. HAQ, J.

DATE : 12.9.2018.

The appellant / insurance company has filed this application praying that the fresh notice on respondent No.8 (owner of vehicle) be dispensed with. It is submitted that earlier notice of Civil Application No.1917/2015 filed by the appellant / insurance company praying that delay in filing appeal be condoned, is served on the respondent No.8 and he is aware about the pendency of the proceedings. The prayer made in this application is justified. The respondent No.8 is aware about pendency of the proceedings and this Court is not required to send repeated invitations to the respondent No.8 to participate in the proceedings. Fresh notice to respondent No.8 is not required. Civil application is allowed accordingly. No costs.

2 caf450.18 FIRST APPEAL NO.228/2017 As record and proceedings are received and considering the facts of the case, specially that the claimants are widow, minor children and aged parents of deceased, it is directed that the appeal be listed for hearing on 4th October, 2018.

The learned Advocate for the appellant / insurance company to send copy of this order to the respondent No.8 by registered post acknowledgement due / speed post acknowledgement due on the registered address and file affidavit of compliance within one week.

JUDGE Tambaskar.