The Branch Manager, Magma Hdi General Insurance Co. Ltd., Nagpur v. Ramakant S/O Pandurangji Kadyalwar And Others

1 41-CAF-4398-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 4398 OF 2025 IN FIRST APPEAL ST. NO. 27283 OF 2025 THE BRANCH MANAGER, MAGMA HDI GENERAL INSURANCE CO. LTD., NAGPUR Vrs.

RAMAKANT S/O PANDURANGJI KADYALWAR AND OTHERS -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Shri R. D. Bhuibhar, Advocate for applicant/appellant. Shri Mandhare, Advocate for respondent Nos.1 and 2.

CORAM:

PRAFULLA S. KHUBALKAR , J.

DATE : 05/12/2025.

1.

Heard.

2.

Issue notice to the respondents, returnable after four weeks.

3.

Shri Mandhare, learned counsel appears and waives notice of respondent Nos.1 and 2.

4.

Appellant is permitted to serve the respondents by private mode, in addition to regular mode of service, including service on the learned lawyer appearing on behalf of the respondents before the Trial Court and file an affidavit of service by next date. CIVIL APPLICATION (CAF) NO. 4399 OF 2025 5.

This is an application for stay to the impugned judgment and award dated 01/08/2025 passed by the learned Member, Motor Accident Claims Tribunal,

2 41-CAF-4398-2025.odt Additional Temporary Court, Nagpur in Motor Accident Claim Petition No.690/2023.

6.

Issue notice to the respondents, returnable after four weeks.

7.

Appellant is permitted to serve the respondents by private mode, in addition to regular mode of service, including service on the learned lawyer appearing on behalf of the respondents before the Trial Court and file an affidavit of service by next date. 8.

Shri Mandhare, learned counsel appears and waives notice of respondent Nos.1 and 2.

9.

There shall be ad-interim stay to the impugned Judgment and award dated 01/08/2025 passed by the learned Member, Motor Accident Claims Tribunal, Additional Temporary Court, Nagpur in Motor Accident Claim Petition No.690/2023, subject to depositing the entire amount of compensation along with accrued interest within eight weeks from today.

[PRAFULLA S. KHUBALKAR, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 06/12/2025 18:18:36