Universal Sompo General Insurance Co. Ltd. v. Harshit Rakesh Mundra And ORS.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3584 OF 2019 IN FIRST APPEAL (ST) NO. 30624 OF 2019 Universal Sompo General Insurance Co.Ltd.
...Applicant vs.
Harshit Rakesh Mundra & Ors.
...Respondents
AND INTERIM APPLICATION NO. 3580 OF 2019 (NOT ON BOARD) IN FIRST APPEAL (ST) NO. 30622 OF 2019 Universal Sompo General Insurance Co.Ltd.
...Applicant vs.
Maniben Rakesh Mundra & Ors.
...Respondents
Ms.Yogita Deshmukh Chitnis for Applicant.
Mr.Sangramsingh Yadav for Respondent No.1.
CORAM : ANIL S. KILOR, J.
DATED : 25 JANUARY 2022 P.C. :
These are the applications for condonation of delay of 126 days caused in filing first appeal arising out of the judgment and award dated 15 April 2019 passed by Motor Accident Claims Tribunal, Satara in MACP Nos.97/2015 and 98/2015 partly allowing the petitions granting compensation of Rs.33,93,533/- and Rs.20,35,339/-, respectively, inclusive of no fault liability amount.
Digitally signed by SANSKRUTI A THAKUR Date:
2022.02.01 14:38:13 +0530 SANSKRUTI A THAKUR 1 / 3
2.
The present appeals have been filed at the instance of insurance company.
3.
Heard learned Counsel for the respective parties. 4.
Learned Counsel, Ms.Yogita Deshmukh Chitnis, for the Applicant states her advocate was hospitalised and therefore, the delay has been caused in filing the appeal.
5.
It is further submitted that the delay is not intentional but bonafide and therefore, it is prayed that the delay may be condoned. 6.
Mr.Sangramsingh Yadav, learned Counsel appearing for Respondent No.1, opposes the applications and pray that the applications may be rejected.
7.
No reply is filed by the Respondents opposing the application or disputing the fact stated in the application. 8.
In the above referred backdrop, I am of the opinion that the Applicant has shown sufficient reason for condonation of delay and therefore, the delay caused in filing the appeals needs to be condoned. 9.
Accordingly, I pass the following order :
ORDER
(i) The applications for condonation of delay are allowed. The delay caused in filing the first appeals is 2 / 3
condoned.
(ii) The office is requested to register the first appeals and place the same before the court for admission. (ANIL S. KILOR, J.) 3 / 3