Bombay High CourtCAF/4716/2017dispossed offdismiss for default

United India Insurance Co. Ltd., Branch Nagpur Thr. Regional Manager, Nagpur v. Sanjay Panjabrao Bhoyar And Others

2018-09-14Hon'Ble Shri Justice Z.A. Haq2 pages

1 caf4716.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 4716 OF 2017 AND FIRST APPEAL ST. NO. 25107 OF 2017 (UNITED INDIA INSURANCE CO. LTD....VS.. SANJAY PANJABRAO BHOYAR & ANR.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Ajay Chaphale, Advocate for Applicant.

CORAM : Z.A.HAQ, J.

DATED : SEPTEMBER 14, 2018.

CIVIL APPLN.NO.4716/2017.

Though served, none appears for the nonapplicants/ respondents. Heard Shri Chaphale advocate for the applicant/appellant.

Accepting the explanation given in the application, delay of 88 days in filing the appeal is condoned. Civil Application is allowed accordingly.

FIRST APPEAL ST.NO.25107/2017.

Taken up for hearing on admission.

Amongst various points raised by the appellant/ Insurance Company one of the submission is that in connected claim petition the Motor Accident Claims Tribunal

2 caf4716.17 has ordered the Insurance Company to pay the amount of compensation and recover it from the owner of the vehicle. Issue notice to the respondents, returnable on 30th November, 2018.

Call R & P.

CIVIL APPLN.NO. 4717/2017.

As the amount awarded by the Tribunal is deposited by the Insurance Company, it is directed that the award shall not be executed against the Insurance Company. The civil application is allowed accordingly. No costs.

The claimants are granted liberty to file application seeking permission to withdraw the amount deposited by the Insurance Company, if so advised. JUDGE RRaut..