Bombay High CourtCAF/1705/2015admittedallwdgrantedrule absolute

Shri. Pravin S/O. Shamrao Mawale v. Shri. Vinayak S/O. Maroti Janwe And Others

2016-09-22Hon'Ble Shri Justice Z.A. Haq3 pages

1 caf1705.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C.A.F. NO.1705/2015 IN FIRST APPEAL STAMP NO.11573/2015 Shri Pravin s/o Shamrao Mawale ..Vs..

Shri Vinayak s/o Maroti Janwe and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A.HAQ, J.

DATED : 22.9.2016.

Heard Shri U.R. Phasate, Advocate for the appellant, Ms. M.H. Pathade, Advocate for the respondent Nos.1 and 2 and Shri Eshan Sahastrabuddhe, Advocate for the respondent No.3. The respondent No.4 is reported to be dead.

Though the application is opposed, accepting the reasons stated in the application, the delay of 330 days in filing the appeal is condoned. The civil application is allowed.

FIRST APPEAL STAMP NO.11573/2015 Taken up for hearing on admission.

ADMIT.

Call R & P.

2 caf1705.15 C.A.O. NO.1405/2016.

The appellant has challenged the award passed by the Tribunal directing that the appellant and respondent No.4 shall pay the amount of compensation to the claimants. The Insurance Company is absolved of the liability of paying the amount of compensation on the ground that the policy was "Act Policy" and covered the risk of third party only and it did not cover the risk of pillion rider.

Though the learned Advocate for the appellant has argued that the appellant is deprived of the opportunity of defending matter properly, there is nothing on record to justify the absence.

Considering the nature of challenges and the facts on record, the respondent Nos.1 and 2 - claimants are permitted to withdraw the amount deposited by the appellant alongwith interest. The amount be given to the respondent Nos.1 and 2 in the proportion of 50 : 50. The civil application is allowed in the above terms.

JUDGE Tambaskar.

3 caf1705.15 CERTIFICATE original signed Judgment/Order".

Uploaded By : N.V. Tambaskar.

Uploaded On :23.9.2016.

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