New India Assurance Co. Ltd., Thr. Branch Manager, Amravati Thr.Regional Manager, Nagpur v. Sunita Anil Bagade And Others

1 14caf2252.2025..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CAF) 2252 OF 2025 IN FIRST APPEAL ST NO. 10948 OF 2025 (New India Assurance Co Ltd Vs. Sunita Anil Bagade and ors) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A. Chourasiya, Adv h/f Mr. C.C. Anthony, Advocate for appellant. Mr. P.R. Agrawal, Advocate for respondent Nos. 1 to 3. Mr. A.V. Deshmukh, Advocate for respondent No. 8. CORAM : ABHAY J. MANTRI, J.

DATED : 18-08-2025 Heard.

2.

The applicant/appellant has filed this application to condone the delay of 20 days caused in filing this appeal, for which, learned counsel for respondent Nos. 1 to 3 (original claimants) and learned counsel for respondent No. 8, the owner of the vehicle, have given no objection.

3.

It appears from noting in the Farad Sheet that respondent No. 4 is dead, notice on respondent No. 5 is served, and service on respondent Nos. 6 and 7 is awaited. It is not in dispute that respondent No. 6 is the driver of the vehicle and respondent No. 7 is the earlier owner of the offending vehicle.

4.

In view of the above and having considered the reasons disclosed in the application as well as no objection of respondent Nos. 1 to 3 and 8, the application is allowed, as prayed. Delay is condoned. The appeal be registered accordingly.

2 14caf2252.2025..odt FIRST APPEAL ST NO. 10948 OF 2025 Heard.

2.

Issue notice to respondents, returnable after four weeks. 3.

Mr. Agrawal, learned counsel, waives notice for respondent Nos. 1 to 3. Learned Counsel Mr. Deshmukh waives notice for respondent No. 8.

4.

Call for record and proceedings.

5.

The appellant is directed to deposit the entire awarded amount along with interest accrued thereon, in the Court, within six weeks.

6.

List the matter after receipt of the record and proceedings. (ABHAY J. MANTRI, J.) Belkhede