Bombay High CourtCAF/580/2018admittedallwdgrantedrule absolute

H.D.F.C. Ergo General Insurance Co. Ltd., Thr. Branch Manager, Nagpur v. Ajay S/O Rajesh Hanmalwar And Another

2018-10-16Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

1610caf579.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.579/2018 IN FIRST APPEAL ST. NO.20658/2017 H.D.F.C. Ergo General Insurance Co. Ltd., through its Branch Manager, Nagpur ...Versus...

Ajay s/o Rajesh Hanmalwar and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri H.N. Verma, Counsel for applicant Ms S.V. Kaplay, Counsel h/f Shri Rohit Joshi, Counsel for respondent no.1/cross-objector CORAM : ARUN D. UPADHYE, J.

DATE : 16/10/2018 Heard.

There is a delay of 77 days caused in filing the first appeal.

Having heard the learned Counsel for the applicant and having gone through the contents of the application, I find that sufficient cause has been made out for condoning the delay. Hence, the delay caused is condoned. The civil application is allowed.

FIRST APPEAL ST. NO.20658/2017 Heard.

ADMIT.

1610caf579.18.odt Learned Counsel Ms Kaplay holding for Shri Rohit Joshi learned Counsel waives service of notice for the respondent no.1.

Put up on 27/11/2018 for final hearing.

CROSS OBJECTION (XOB) NO.103/2018 Heard.

ADMIT.

Learned Counsel Shri H.N. Verma waives service of notice for the respondent no.2.

To be heard along with First Appeal.

CIVIL APPLICATION (CAF) NO.580/2018 Heard.

The learned Counsel for the applicant submitted that the entire amount of compensation has been deposited in this Court and prays for stay to the impugned judgment and award.

In view of the statement made by the learned Counsel for the applicant, the civil application is allowed. The impugned judgment and award dated 3/4/2017 passed by the Member, Motor Accident Claims Tribunal, Chandrapur in M.A.C.P. No.30/2014 is stayed till disposal of the first appeal. JUDGE Wadkar, P.S.