Atmaram S/O Namdevrao Kasar And Another v. The Oriental Insurance Co. Ltd., Thr. Branch Manager, Yavatmal And Others

1 936 caf3757.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

: NAGPUR BENCH : NAGPUR.

CIVIL APPLICATION (CAF) NO. 3757 OF 2025 IN FIRST APPEAL ST. NO. 22832 OF 2025 ATMARAM S/o NAMDEVRAO KASAR AND ANOTHER

VERSUS

THE ORIENTAL INSURANCE CO. LTD. AND OTHERS ------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's Order appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------------- Mr. Manoj A Sable, Advocate for the appellants CORAM : M. W. CHANDWANI, J.

DATE : OCTOBER 14, 2025.

1.

Heard.

2.

Issue notice to the respondents, returnable within four weeks.

Civil Application (CAF) No. 3758 of 2025 1.

Heard.

2.

This is an application for grant of stay.

3.

The contention is that the award came to be passed when the Covid-19 pandamic was prevailing in the entire country and there was complete lockdown. The appellant could not adduce any evidence. The appellant's effective valid driving licence could also not be produced before the Tribunal and consequently, the Tribunal shifted the entire liability on the appellant.

4.

Considering the submissions of the learned counsel appearing for the appellants, there shall be stay to the execution proceeding bearing MACP Darkhast No.

2 936 caf3757.25.odt 07/2020 filed by respondent no.1 during the pendency of the appeal, subject to the appellants depositing Rs. 2,00,000/- (Rupees Two lakhs only) in this Court within Six weeks from today.

4.

The civil application is allowed and disposed of. (M.W.Chandwani, J.) Diwale Signed by: DIWALE Designation: PS To Honourable Judge Date: 14/10/2025 19:07:55