Reliance General Insurance Co. Ltd. Through Its Manager Mr. Amit Ashwini Sharma v. Smt. Surekha Sandeep Mardane And ORS.

49 caf 2815-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2815 OF 2016 in FIRST APPEAL (ST) NO. 9660 OF 2016 WITH CIVIL APPLICATION NO. 2816 OF 2016 and CIVIL APPLICATION (ST) N0. 8230 OF 2019 Reliance General Insurance Co. Ltd.

..Applicant v/s.

Smt. Surekha S. Mardane & Ors.

..Respondents Ms. Dipika Prabhala I/b. Res Juris for the Applicant in CAF/2815/2016, CAF/2816/2016, in FAST/9660/2016 and for the Respondent in CAFST/8230/19.

Mr. Jayant Bardeskar for the Respondent Nos.1 to 5 in CAFST/8230/19 and for the Applicant in CAFST/8230/19. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : 5th AUGUST, 2019.

P.C.

1.

Ms. Prabhala, the learned Counsel for the applicant states that the challenge is only to the quantum of compensation awarded by the Tribunal. She states that since the applicant has not raised any statutory defences, notice to respondent nos. 6 and 7 in the pps

49 caf 2815-16.doc application as well as in the appeal be dispensed with. In the light of the said statement, notice to respondent nos.6 and 7 is dispensed with.

2.

By Civil Application No. 2815 of 2016 the applicant has sought to condone the delay of 36 days in filing the first appeal against the judgment and award dated 14/09/2015 passed by the MACT, Kolhapur in MACP/376/2013. The learned Counsel for the respondent nos.1 to 5 has no objection to condone the delay. In the light of the said statement, and in view of the reasons stated in para 7 of the application, which in my considered view constitute sufficient grounds, the delay is condoned.

3.

Appeal be registered and listed for admission on 26th August, 2019.

4.

Civil Application No. 2815 of 2016 stands disposed of. (ANUJA PRABHUDESSAI, J.) by Prasanna P.

Salgaonkar Date: 2019.08.07 18:13:16 +0530 Prasanna P.

Salgaonkar pps