Bombay High CourtCAF/3822/2018admittedallwdgrantedrule absolute

The Oriental Insurance Co. Ltd., Branch Manager, Yavatmal Thr. Regional Manager, Nagpur v. Smt. Sunita D/O Prakash Harshe And Others

2019-02-12Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

1202caf3822.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.3822/2018 IN FIRST APPEAL ST. NO.25241/2018 The Oriental Insurance Company Ltd., Branch Office, Yavatmal, Tq. And Distt. Yavatmal through is Regional Manager, Nagpur ...Versus...

Smt. Suntia wd/o Prakash Harshe and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri C.A. Anthony, Counsel for applicant Shri S.P. Pawar, Counsel for respondent nos.1 and 2 CORAM : ARUN D. UPADHYE, J.

DATE : 12/02/2019 Leave to delete the name of respondent no.3 from the array of respondents, is granted.

Amendment be carried out forthwith.

Heard learned Counsel for the applicant and learned Counsel for the respondent nos.1 and 2. None for the respondent nos.4 and 5, though served.

There is a delay of 45 days caused in filing the first appeal. For the reasons stated in the application, the delay caused in filing the first appeal is condoned. The civil application is allowed and disposed of accordingly. No order as to costs.

1202caf3822.18.odt FIRST APPEAL ST. NO.25241/2018 Heard.

ADMIT.

Learned Counsel Shri S.P. Pawar waives service of notice for the respondent nos.1 and 2.

CIVIL APPLICATION (CAO) NO.329/2019 Heard.

For the reasons stated in the application, the civil application is allowed. The applicant is permitted to deposit the amount of compensation within one week.

The civil application stands disposed of.

CIVIL APPLICATION (CAF) NO.3823/2018 Heard.

The learned Counsel for the applicant has submitted that he will deposit the amount of compensation within one week. Time of one week to deposit the amount of compensation is already granted vide order on Civil Application (CAO) No.329/2019.

In view of above, the impugned judgment and award dated 7/6/2018 passed by the Member, Motor Accident Claims Tribunal, Yavatmal in Claim Petition No.96/2013 is hereby stayed, until further orders.

JUDGE Wadkar, P.S.