National Insurance Co. Ltd., Wardha ... vs Smt. Kirti Sandip Kale And Others on 17 December, 2020

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Bombay High Court

National Insurance Co. Ltd., Wardha ... vs Smt. Kirti Sandip Kale And Others on 17 December, 2020

Bench: S. M. Modak

fa.697.16                                                                                          1/2


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       NAGPUR BENCH, NAGPUR

                Civil Application [CAO] St. No.12679 of 2020
                                      &
                Civil Application [MCA] St. No.12678 of 2020
                                      in
                       First Appeal No.697 of 2016 (D)

                                  National Insurance Co. Ltd.
                                               vs.
                                 Smt. Kirti Sandip Kale & others
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Office notes, Office Memoranda of
Coram, appearances, Court's orders                              Court's or Judge's Orders
or directions and Registrar's orders.
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                           Shri S.U. Ghude, Advocate for Applicants/Respondent Nos.1 to 3.
                           Shri D.N. Kukday, Advocate for the Appellant.



                                            CORAM :     S.M. MODAK, J.

DATE : 17th DECEMBER, 2020 The first appeal has reached to the stage of filing of paper-book. However, it was dismissed vide order dated 02/08/2019 for not filing of private paper- book. Now the appellant-Insurance Company is ready with the private paper-book The prayer for condonation of delay is opposed on behalf of respondent Nos.1 to 3 for want of giving sufficient reasons. Respondent Nos.5 & 6 are the owner and driver respectively. Whereas, respondent No.4 is the father of the deceased. They were served earlier. Considering the limited issue involved, I have not issued fresh notice to them. When both the respondents are ready, I find that the reasons are convincing for not filing of private paper- book. It will always better to decide the matter on merits.

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The delay caused in filing the restoration application is condoned. The appeal be restored subject to filing of private paper-book within a period of one week. Both the applications are allowed.

Civil Application [CAF] No. 1427/2020 :

Respondent Nos.1 to 3 are asking for withdrawal of the deposited amount. My attention is brought to the appropriation made by the Claims Tribunal in the final judgment. Respondent No.4- Madhukar was also asked to claim some amount. It needs to be ascertained about the status of Madhukar. The respondent Nos.1 to 3 are directed to inform about the status of Madhukar.

First Appeal No.697/2016:

Office is directed to accept the private paper-book.

Issue fresh notice to respondent No.4.

Later on, learned Advocate Ms. S.S. Dashputre has appeared for respondent No.1 to 4 and pointed out to this Court that respondent No.4 has expired on 1st of April, 2016.

Stand over in the second week of January, 2021.

JUDGE *sandesh ::: Uploaded on - 21/12/2020 ::: Downloaded on - 10/02/2021 08:38:50 :::

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