Interim applications for condonation of delay arising from motor accident claim appeals. The Insurance Company's eight-year delay in filing its appeal was condoned; the Claimants' applications for enhancement appeals were directed to be served on the respondents with notice returnable on a later date.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
13-IA-11780-2024 & Ors.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
SATISH RAMCHANDRA SANGAR
Digitally signed by SATISH RAMCHANDRA SANGAR Date: 2024.08.31 17:39:44 +0530
INTERIM APPLICATION NO.11780 OF 2024 WITH
INTERIM APPLICATION NO.11779 OF 2024 [NOT ON BOARD, TAKEN ON BOARD]
IN
FIRST APPEAL (ST) NO.28814 OF 2014
WITH CIVIL APPLICATION NO.1465 OF 2015
IN FIRST APPEAL (ST) NO.28814 OF 2014 WITH CIVIL APPLICATION NO.1463 OF 2015 IN FIRST APPEAL (ST) NO.29084 OF 2014
The Oriental Insurance Company Limited Through : Mumbai Third Party Hub
...Applicant
In the matter between :-
The Oriental Insurance Company Limited Through : Mumbai Third Party Hub ...Appellant
vs.
Akhtari Begum Akil Ahmed Qureshi and Ors. ...Respondents
WITH
INTERIM APPLICATION NO.7097 OF 2024 [FOR CONDONATION OF DELAY]
IN
FIRST APPEAL (ST) NO.6682 OF 2024 WITH
INTERIM APPLICATION NO.7078 OF 2024 [FOR CONDONATION OF DELAY] IN
FIRST APPEAL (ST) NO.6684 OF 2024
Satish Sangar
1/4
13-IA-11780-2024 & Ors.doc
Akhtari Begum Akil Ahmed Qureshi and Ors.
...Applicants
In the matter between :-
Akhtari Begum Akil Ahmed Qureshi and Ors. ...Appellant
vs.
Prasad M. Shetty and Anr. ...Respondents
INTERIM APPLICATION NO.11778 OF 2024
IN
ARBITRATION APPEAL NO.83 OF 2024 [WRONGLY ON BOARD]
HLV Limited, Mumbai
...Applicant
v/s.
Airports Authority of India, New Delhi ...Opponent
*****
| Mr.Devendranath Joshi a/w Mr.Pradyumna Thakurdesai:- |
Advocate | for | Appellant. |
|---|---|---|---|
| Mr.Mayank Tripathi i/b. Ms.Preeti Walimbe:- |
Advocate 3. |
for | Respondent Nos.1 to |
*****
CORAM : S. M. MODAK, J. DATE : 19th AUGUST 2024
P. C. :-
INTERIM APPLICATION NO.11779 OF 2024 AND
INTERIM APPLICATION NO.11780 OF 2024
Satish Sangar
2/4
13-IA-11780-2024 & Ors.doc
Company and learned Advocate for Respondent Nos.1 to 3 (Claimants). The Respondent No.4 – owner could not be served and hence, the Registrar (Judicial-II) on 19th November 2015 ordered dismissal. This order was passed in Civil Application No.1463 of 2015 for condonation of delay. Yet, the Appeal is not numbered.
INTERIM APPLICATION NO.7097 OF 2024 AND INTERIM APPLICATION NO.7078 OF 2024
for the Insurance Company.
Satish Sangar
3/4
13-IA-11780-2024 & Ors.doc
the Court returnable on 15th October 2024 . Private notice, in addition,
is allowed. Affidavit of service be filed.
[S. M. MODAK, J.]
Satish Sangar
4/4
1 issue framed by the court
Whether the delay of over eight years in filing the Insurance Company's appeals should be condoned.
The Oriental Insurance Company Limited Through : Mumbai Third Party Hub
Akhtari Begum Akil Ahmed Qureshi and Ors.
Prasad M. Shetty and Anr.
HLV Limited, Mumbai
Airports Authority of India, New Delhi
S. M. Modak
As recorded by the court registry
15 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
