New India Insurance Co. Ltd. v. Nietu Ramsambhar Shukla And ANR.

Digitally signed by HEMANT CHANDERSEN SHIV Date:

2025.04.03 13:10:55 +0300 HEMANT CHANDERSEN SHIV H.C. SHIV spm.fa5899.25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.3652 OF 2025 WITH INTERIM APPLICATION NO.3653 OF 2025 IN FIRST APPEAL STAMP NO.5899 OF 2025 WITH FIRST APPEAL STAMP NO.5899 OF 2025 New India Insurance Co. Ltd.

... Applicant/Appellant vs.

Nietu Ramsambhar Shukla & Anr.

... Respondents Ms. Swati Sinha for the Applicant/Appellant.

Mr. Rahul Mehta i/b KMC Legal Venture for the Respondent No.1. CORAM : SHYAM C. CHANDAK, J.

DATE : 11th MARCH 2025 P.C. :

INTERIM APPLICATION NO.3652 OF 2025 .

By this Application, the Applicant prayed to condone the delay of 120 days in filing the aforesaid Appeal impugning the Judgment and Order dated 19th July 2024, in Motor Accident Claims Petition No.1125 of 2019, passed by Motor Accident Claims Tribunal, Mumbai. 2) Heard learned Advocate for the Applicant and learned Advocate for the Respondent No.1.

3) Learned Advocate Ms.Sinha for the Applicant submitted that This order is modified by order dt.01/04/2025 1/2

H.C. SHIV spm.fa5899.25.doc it took time to get an administrative approval to file the Appeal. The delay is not huge. The Applicant will deposit the entire compensation amount along with accrued interest thereon within four weeks from today. 4) In view thereof, the Application is allowed.

5) The delay of 120 days in filing the aforesaid Appeal is condoned. Appeal be registered.

6) Application is disposed of, accordingly.

FIRST APPEAL STAMP NO.5899 OF 2025 .

Issue notice to the Respondents in the Appeal alongwith Interim Application No.3653 of 2025, returnable on 8th April 2025. 2) Learned Advocate Mr.Mehta waives notice for Respondent No.1.

3) Learned Advocate for the Appellant to supply spare copy of the Appeal and Interim Application in the Registry for service of notice on the Respondent No.2 within a period of one week from today. In addition to the Court's notice the Appellant to serve the Respondent No.2 by private notice and file the affidavit of service before the returnable date. Hamdast allowed.

(SHYAM C. CHANDAK, J.) This order is modified by order dt.01/04/2025 2/2