Bombay High Court
Bajaj Allianz General Insurance Co.Ltd vs Mr. Karan Pratap Maniar Thr. Next Friend ... on 13 June, 2023
Author: Abhay Ahuja
Bench: Abhay Ahuja
13-FA-561-2020.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO.561 OF 2020
WITH
CROSS OBJECTION (ST) NO.31749 OF 2019
IN
FIRST APPEAL NO.561 OF 2020
BAJAJ ALLIANZ GENERAL INSURANCE )
CO. LTD. )...APPELLANT
V/s.
MR.KARAN PRATAP MANIAR AND ANR. )...RESPONDENTS
Mr.D.S.Joshi a/w. Mr.P. Thakurdesai, Advocate for the Appellant.
Mr.Saumen Vidyarthi a/w. Ms.Ishita Bhole, Advocate for
Respondent No.1.
CORAM : ABHAY AHUJA, J.
DATE : 13th JUNE 2023 P.C. :
1. This Appeal has been circulated at the instance of Respondent, who has filed Cross Objection for enhancement of compensation in the matter. Mr.Vidyarthi, learned Counsel, would submit that Respondent No.1 is a paralytic having suffered traumatic brain damage resulting in paralysis which is permanent avk 1/2 ::: Uploaded on - 13/06/2023 ::: Downloaded on - 14/06/2023 16:51:41 ::: 13-FA-561-2020.doc and total disablement and has yet been granted low compensation by the Tribunal. He submits that until and unless the Appeal and Cross Objection are finally heard, the continuing expenses cannot be met and therefore this application.
2. Learned Counsel for the Respondent/cross-objectioner submits that they have filed compilation of documents but despite the direction of this Court, the appellant is yet to file private paper book. It is observed from the order dated 28 th November 2019 that while admitting this Appeal, this Court had directed filing of a private paper book within one year with a simultaneous copy to the Respondents' advocate. This direction is yet to be complied with by Appellant.
3. Appellant is, therefore, directed to file private paper book within a period of four weeks with a simultaneous copy to the Respondents' advocate, failing which, the Appeal to stand dismissed without further reference to the Court and the Cross Objection would be heard. List on 12th July 2023.
(ABHAY AHUJA, J.) avk 2/2 ::: Uploaded on - 13/06/2023 ::: Downloaded on - 14/06/2023 16:51:41 :::