I.C.I.C.I. Lombard General Insurance Company Ltd vs. Mrs. Sarika Pramod Jadhav

Court:Bombay High Court (Panaji Bench, Goa)
Judge:Hon'ble Hon'Ble Dr. (Smt.) Justice Shalini Phansalkar-Joshi
Case Status:Disposed
Order Date:29 Jun 2016
CNR:HCBM040147962016

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Order Issued After Hearing

Purpose:

For Orders (Condonation Of Delay) [Civil Side Matters]

Before:

Hon'ble Hon'Ble Shri Justice P.B. Varale

Listed On:

29 Jun 2016

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Order Text

CIVIL APPLICATION (CAF) NO. 2092 OF 2016 IN

FIRST APPEAL STAMP NO. 11521 OF 2016

ICICI LOMBARD GEN. INSURANCE CO. LTD. VERSUS

MRS. SARIKA PRAMOD JADHAV AND ANOTHER

Coram, appearances, Court's Orders or directions and Registrar's order

Office Notes, Office Memoranda of Court's or Judge's Order

Mr. R. D. Bhuibhar, Advocate for the appellant.

CORAM : PRASANNA B. VARALE, J. DATE : JUNE 29, 2016.

Heard the learned counsel for the applicant.

Issue notice to the respondents on civil application as well as on First Appeal stamp, returnable after four weeks.

Civil Application (CAF) No.2093 of 2016

Heard.

This is an application for grant of stay.

Issue notice to the respondents, returnable after four weeks.

It is submitted by the learned counsel that the applicant has raised substantial grounds in the appeal and more particularly, the ground that the Claims Tribunal has failed to appreciate the factual aspect that the driver of offending vehicle was not possessing valid license at the time of accident and hence liability ought not to have been fastened on the applicant/appellant. The learned counsel prays for interim order and submits that if the interim orders are not passed, serious prejudice would be caused to the applicant/appellant.

Adinterim stay in terms of prayer clause (1), subject to the applicant/appellant depositing the entire amount of compensation awarded by the Claims Tribunal in this Court within a period eight weeks from today.

JUDGE

Diwale