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The Oriental Insurance Co. Ltd. vs Mohit Dabas on 14 October, 2020

Bench: N.V. Ramana, Surya Kant, Aniruddha Bose

     SLP©…….D.No.16009/2020                          1

     ITEM NO.5                    Court 2 (Video Conferencing)                   SECTION XIV

                                     S U P R E M E C O U R T O F        I N D I A
                                             RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (C) …………...D.No.16009/2020

     (Arising out of impugned final judgment and order dated 18-11-2019
     in MACAPP No.882/2019 passed by the High Court of Delhi at New
     Delhi)

     THE ORIENTAL INSURANCE CO. LTD.                                         Petitioner(s)

                                                         VERSUS

     MOHIT DABAS & ORS.                                                      Respondent(s)

     (FOR ADMISSION and I.R. and IA No.74185/2020-CONDONATION OF DELAY
     IN FILING and IA No.74186/2020-EXEMPTION FROM FILING C/C OF THE
     IMPUGNED JUDGMENT)

     Date : 14-10-2020 This petition was called on for hearing today.

     CORAM :
                          HON'BLE MR. JUSTICE N.V. RAMANA
                          HON'BLE MR. JUSTICE SURYA KANT
                          HON'BLE MR. JUSTICE ANIRUDDHA BOSE

     For Petitioner(s)                   Mr. Pradeep Gaur, Adv.
                                         Mr. Amit Gaur, Adv.
                                         Mr. Rameshwar Prasad Goyal, AOR
     For Respondent(s)

                              UPON hearing the counsel the Court made the following
                                                 O R D E R

The Court is convened through Video Conferencing. Heard learned counsel for the petitioner and carefully perused the record.

The application for exemption from filing Court fee is rejected and the petitioner is directed to deposit the Court fee without fail.

Delay condoned.

We are not inclined to interfere with the impugned order Date: 2020.10.14 16:46:10 IST passed Reason:

by the High Court dismissing the appeal filed by the petitioner herein.

…………………..2/-

However, learned counsel for the petitioner submits that his client has deposited the statutory amount as required under Section 173 of the Motor Vehicles Act, which the High Court has erroneously directed to be deposited into the ‘AASRA’ Fund opened by the High Court.

We grant liberty to the petitioner to bring to the notice of the High Court the recent judgment rendered by this Court in C.A.No.3093/2020 etc. dated 07.09.2020 (The New India Assurance Company Ltd. Vs. Smt. Somwati and others) and seek appropriate modification of the order under challenge.

With the aforesaid limited liberty, the special leave petition stands disposed of.

As a sequel to the above, pending interlocutory application also stands disposed of.

(SATISH KUMAR YADAV) (RAJ RANI NEGI) DEPUTY REGISTRAR DEPUTY REGISTRAR