National Insurance Co. Ltd., Thr. Branch Manager, Bhandara v. Wanita Wd/O Nandlal Salame And Others

26caf237.2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 237/2020 IN FIRST APPEAL STAMP NO. 18106/2019 National Insurance Co. Ltd., Thr. Branch Manager, Bhandara Vs Wanita Wd/O Nandlal Salame And Others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri M.A. Kadu, Advocate for the appellant.

CORAM : URMILA JOSHI-PHALKE, J.

DATED : 16/02/ 3.

1.

The appeal is already abated against the respondent No.1. Her legal heirs of respondent No.2 is already on record.

2.

The National Insurance Company limited has preferred this appeal against the judgment and award passed by the Member, Motor Accident Claims Tribunal, Bhandara, however, the delay of 165 days in filing the appeal is caused.

3.

Respondent Nos. 2 and 3 are already served. None appears on behalf of respondent Nos. 2 and 3. 4.

As per contention of the appellant, the appellant is the Corporate Body and it has to obtain the necessary permission, legal opinion before preferring an appeal, wherein time was consumed and therefore, the appeal is not rkn

26caf237.2020.odt filed within limitation period. None appears for the respondent Nos. 2 and 3.

5.

Perused the application and grounds raised therein. 6.

In view of the reasons mentioned in the application, the delay of 165 days in filing the appeal is condoned. 7.

The appeal be registered.

8.

Call for record and proceedings.

9.

Appellant to file private paper-book within a period of eight weeks, after receipt of record and proceedings. 10.

Place the matter for final hearing after private paperbook is filed and its due verification. JUDGE Signed By:RAJESH K NANDURKAR rkn