Reliance General Insurance Co.Ltd., Mumbai v. Manpurna Vinod Mishra And ORS.

7-FA-434-2024+IA-11684-2024+IA-1307-2024-IN-FA-434-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.434 OF 2024 WITH INTERIM APPLICATION NO.1307 OF 2024 Reliance General Insurance Company Limited ...Appellant/Applicant vs.

Manpurna Vinod Mishra and Ors.

...Respondents

WITH INTERIM APPLICATION NO.11684 OF 2024 IN FIRST APPEAL NO.434 OF 2024 Manpurna Vinod Mishra and Ors.

...Applicants In the matter between:- Reliance General Insurance Company Limited ...Appellant vs.

Manpurna Vinod Mishra and Ors.

...Respondents

***** Mr.Akshay Kulkarni:- Advocate for Appellant - Insurance Company.

Mr.Vasant Ninaji More:- Advocate for Respondents.

***** CORAM :

S. M. MODAK, J.

DATE :

19th AUGUST 2024 P. C. :- 1.

Heard learned Advocate for the Respondents (Original Satish Sangar 1/2

7-FA-434-2024+IA-11684-2024+IA-1307-2024-IN-FA-434-2024.doc Claimants) and learned Advocate for the Appellant - Insurance Company.

2.

The Appellant - Insurance Company issued a policy for a truck. The said truck dashed the motorcycle driver / the deceased. He fell on the ground and the truck went over him. These are the facts mentioned in Para No.3 of the judgment.

3.

According to learned Advocate for the Appellant - Insurance Company, there were no brake marks mentioned in the spot panchnama. Whereas, the rival contention is, it was carried out after a gap of three (3) hours.

4.

Even though, there is an Interim Application for withdrawal, learned Advocate for the Claimants contends that the Appeal be heard finally at an admission stage. He is allowed to file compilation consisting of documents and notes of evidence. He can do so within three (3) weeks.

5.

Matter be listed on 24th September 2024 high on board. 6.

If it is not decided within reasonable time, he can press for Interim Application.

[S. M. MODAK, J.] Satish Sangar 2/2