The Divisional Manager, National Insurance Company Ltd. Nagpur v. Smt. Madhuri Wd/O Devendra Soitkar And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR C.A.F.NO. 1575/2015 IN F.A.ST.NO.9786/2015.

The Divisional Manager, National Insurance Co. Ltd. Nagpur. -VERSUSSmt. Madhuri Devendara Soitkar and others. Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

CORAM

: B.P.DHARMADHIKARI & P.N. DESHMUKH, JJ.

DATE : SEPTEMBER 15, 2015.

Heard Mrs. G. Venkatraman, learned Counsel for the applicant/appellant and Shri P.R. Agrawal, learned Counsel for the respondent nos. 1,2 and 4.

2.

Applicant - Insurance Company has preferred an appeal under Section 173 of the Motor Vehicles Act, 1988. As there is a delay of 12 days in filing the same, present civil application is filed seeking its condonation.

3.

Request is being strongly opposed by the respondents/claimants. However, we find that on account of administrative compliances there is delay.

The Insurance Company has already deposited the claim amount as awarded by the Claims Tribunal, on 05.08.2015 with upto date interest.

4.

In this situation, as we do not see any malafides, delay is condoned. Office to register the First Appeal. Civil Application is accordingly allowed and disposed of.

......

F.A.St.No.9786/2015 & C.A.F.No. 1576/2015.

Heard Mrs. G. Venkatraman, learned Counsel for the appellant.

2.

First Appeal is Admitted for final hearing.

Shri P.R. Agrawal, learned Counsel waives notice for the respondent nos. 1,2 and 4.

3.

Notice on Civil Application, returnable on 20.10.2015. Shri P.R. Agrawal, learned Counsel waives notice for the non-applicants no. 1,2 and 4. 4.

Ad-interim order already granted, to continue, subject to rights of the respondents to oppose it, seek its vacation or modification and to apply for withdrawal of the amount in deposit. JUDGE JUDGE

Rgd.