National Insurance Company Ltd.through Mbro-Iii,Mumbai Third Party Hub v. Shri.Kisan Narayan Changan and Ors.

Bombay HC12 Aug 2024FA/692/2024

Case brief

AI extract

What is this about?

Interim order in cross appeals from a Motor Accident Claims Tribunal award apportioning liability between a van and an uninsured motorcycle. The court called for a Registrar's report on the indigent motorcycle owner's delay-condonation and court-fee waiver applications and adjourned both matters.

What the court decided

AI extract

National Insurance Company Ltd.through Mbro-Iii,Mumbai… — Motor Accident Claims | Bombay HC (2024)

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16 Fa(St)-29996-2023.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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CIVIL FIRST APPEAL (ST) NO. 29996 OF 2023 ALONGWITH INTERIM APPLICATION NO. 9962 OF 2024 ALONGWITH INTERIM APPLICATION NO. 9963 OF 2024 ALONGWITH INTERIM APPLICATION NO. 9961 OF 2024

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Machindra Savta Raikar ...Appellant vs. National Insurance Co. Ltd. And Ors. ...Respondents

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ALONGWITH FIRST APPEAL NO. 692 OF 2024

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National Insurance Company Ltd.Through MBRO-III,Mumbai Third Party Hub ...Appellant

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vs.

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Shri.Kisan Narayan Changan and Ors. ...Respondents

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Deval K. Anja	Advocate for the Appellant in FAST 29996 of 2023
Adv. Jaya Shukla i/by Adv. Sneha Dwivedi	Advocate for Respondent No. 1- National Insurance Co. Ltd. in FAST 29996 of 2023 and for Appellant in FA No. 692 of 2024
Malhar Bageshwar i/by Siddharth Wakode	For the Original Claimants

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Seema

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16 Fa(St)-29996-2023.doc

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CORAM : S. M. MODAK, J.

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DATE : 12^th AUGUST 2024

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P. C. :-

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Heard learned Advocate for the Claimants, who are legal

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representatives of the deceased. The deceased was occupant of Maruti van and heard learned Advocate for Insurance company of the van. Also heard learned Advocate for owner of the motorcycle.

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During the accident, the motorcycle owner received injury. So also occupant of the van died. The motorcycle was not insured.

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The Motor Accident Claims Tribunal, Satara has held the driver

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of the van and the driver/owner of the motorcycle 50% responsible. Now there are two appeals before the Court. They are :-

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(i) One is by the owner of the motorcycle and Yet it is not numbered because there are two interim applications. They are

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as follows :-

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a) Interim Application No. 9963 of 2024 for condonation of .

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delay for six years

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b) Interim Application No. 9962 of 2024 for waiver of the

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Seema

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16 Fa(St)-29996-2023.doc

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Court fees.

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My attention is invited to power and duty of the Registrar and paragraph no. 12(A) chapter 4 of the High Court Appellate Side Rules. The owner of the motorcycle claims, he is indigent.

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Let report be called from the learned Registrar (Judicial-I).

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Learned Advocate for the Claimant seeks time to file a reply. He

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can do so.

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FIRST APPEAL NO. 692 OF 2024

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This is an appeal by Insurance company of the van. Yet learned Advocate for the Claimants has to file Vakalatnama. He undertakes to file Vakalatnama in this appeal. There is already conditional stay. Condition is fulfilled.

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Both matters be kept on 09^th September 2024.

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[S. M. MODAK, J.]

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Seema Signed by: Seema Yelkar Designation: PA To Honourable Judge Date: 19/08/2024 15:16:42

National Insurance Company Ltd.through Mbro-Iii,Mumbai Third Party Hub v. Shri.Kisan Narayan Changan and Ors.

Case brief

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What the court decided

National Insurance Company Ltd.through Mbro-Iii,Mumbai Third Party Hub v. Shri.Kisan Narayan Changan and Ors.

Case brief

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