Poonam Mital

Order - Status 4: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION ST. NO.9105 OF 2015 IN FIRST APPEAL NO.900 OF 2004 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders Advocate for the Applicant Present. CORAM : R.M. JOSHI, REGISTRAR (JUDL ­ II) Date : 22nd April, 2015 S.O. to 4 weeks for removing office objections. sd/­ Registrar (Judl.­ II) dsm – R(J­II) – 22.04.15

Order - Status 6: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION ST. NO.9105 OF 2015 IN FIRST APPEAL NO.900 OF 2004 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders Advocate for the Applicant Present. CORAM : R.M. JOSHI, REGISTRAR (JUDL ­ II) Date : 10th June, 2015 S.O. to 4 weeks as a last chance for removing office objections. sd/­ Registrar (Judl.­ II) dsm – R(J­II) – 10.06.15

Order - Status 8: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION ST. NO.9105 OF 2015 IN FIRST APPEAL NO.900 OF 2004 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders Advocate for the Applicant Present. CORAM : R.M. JOSHI REGISTRAR (JUDL – II) Date : 09th July, 2015 S.O. to 4 weeks as a last chance for removing office objections. 67 sd/­ Registrar (Judl.­II) dsm – R(J­II) – 09.07.15

Order - Status 10: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION ST. NO.9105 OF 2015 IN FIRST APPEAL NO.900 OF 2004 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders Advocate for the Applicant Present. CORAM : R.M. JOSHI REGISTRAR (JUDL – II) Date : 07th August, 2015 S.O. to 4 weeks for removing office objections. sd/­ Registrar (Judl.­II) dsm – R(J­II) – 07.08.15

Order - Status 12: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION ST. NO.9105 OF 2015 IN FIRST APPEAL NO.900 OF 2004 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders None Present. CORAM : R.M. JOSHI I/c. REGISTRAR (JUDL – II) Date : 06th February, 2017 3 weeks time is granted to remove office objection. sd/­ I/c.Registrar (Judl.­II) dsm – R(J­II) – 06.02.17

Order - Status 13: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION ST. NO.9105 OF 2015 IN FIRST APPEAL NO.900 OF 2004 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders None Present. CORAM : R.M. JOSHI I/c. REGISTRAR (JUDL – II) Date : 28th February, 2017 4 weeks time is granted as a last chance to remove office objection. sd/­ I/c.Registrar (Judl.­II) dsm – R(J­II) – 28.02.17

Order - Status 14: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION ST. NO.9105 OF 2015 IN FIRST APPEAL NO.900 OF 2004 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders None Present. CORAM : R.M. JOSHI I/c. REGISTRAR (JUDL – II) Date : 29th March, 2017 3 weeks time is granted to remove office objection. sd/­ I/c.Registrar (Judl.­II) dsm – R(J­II) – 29.03.17

Order - Status 16: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION ST. NO.9105 OF 2015 IN FIRST APPEAL NO.900 OF 2004 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders None Present. CORAM : R.M. JOSHI I/c. REGISTRAR (JUDL – II) Date : 20h April, 2017 S.O. to 4 weeks. sd/­ I/c.Registrar (Judl.­II) dsm – R(J­II) – 20.04.17

Order - Status 17: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION ST. NO.9105 OF 2015 IN FIRST APPEAL NO.900 OF 2004 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders None Present. CORAM : URMILA S. JOSHI­ PHALKE REGISTRAR (JUDL – II) Date : 06th June, 2017 4 weeks time is granted for removing office objections, failing which registration of Civil Application Stamp shall stand refused without further reference to the Court. sd/­ Registrar (Judl.­II) dsm – R(J­II) – 06.06.17

Order - Status 18: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION ST. NO.9105 OF 2015 IN FIRST APPEAL NO.900 OF 2004 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders Advocate for Applicant Present. Advocate for Respondent No.8 Present. CORAM : URMILA S. JOSHI­ PHALKE REGISTRAR (JUDL – II) Date : 3rd July, 2017 The office has placed this matter for speaking to minutes of order dated 05/06/2017. Perusal of proceeding reveals that on order dated 05/06/2017, it is mentioned "Civil Application Stamp shall stand refused". It is corrected by replacing "Civil Application Stamp shall stand dismissed as against Respondent Nos.5, 6, 7." sd/­ Registrar (Judl.­II) dsm – R(J­II) – 03.07.17

Order - Status 21: RNG 1/1 27-ca.2051.17 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION CIVIL APPLICATION NO.2051 OF 2017 in FIRST APPEAL NO.900 OF 2004 The National Insurance Co Ltd .. Applicant vs Sou.Draupadabai Laxman Tapkir & ors .. Respondents Ms.Poonam Mittal for Applicant Mr.Vishwajit Sagare for Respondents CORAM : K.K.TATED J DATE : 25TH MARCH, 2019 P.C Heard learned advocates for the parties. At the request of learned advocate for the applicant, matter to appear on board on 18.4.2019. {K.K.TATED, J)

Order - Status 23: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION CIVIL APPLICATION IN FA NO. 2051 OF 2017 In FIRST APPEAL 900 OF 2004 The National Insurance Co. Ltd. ....Applicant V/S Sou. Draupadabai Laxman Tapkir & Ors. ....Respondent Poonam Mital For Applicant T.J.Kapre i/b J.s. Kapre For Respondent No. 1 To 4 CORAM : VIRENDRASINGH GYANSINGH BISHT, J DATE : 18th December, 2019 P.C. : Stand over to 22/01/2020 ( FOR REGISTRAR JUDICIAL - I )

Order - Status 26: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION CIVIL APPLICATION IN FA NO. 2051 OF 2017 In FIRST APPEAL 900 OF 2004 The National Insurance Co. Ltd. ....APPLICANT V/S Sou. Draupadabai Laxman Tapkir And Ors. ....RESPONDENT CORAM : HON'BLE SHRI JUSTICE M. M. SATHAYE J DATE : 1st December, 2023 P.C. : Wrongly on board. Remove from the Board. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 7: ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4296 OF 2015 IN FIRST APPEAL ST.NO.1089 OF 2015 The National Insurance Co.Ltd. ...Applicant vs. Smt.Anuja Ramachal Patel & Ors. ...Respondents Ms Poonam Mittal for the Applicant CORAM :K.K.TATED,J. DATE : AUGUST 27, 2019 P.C.: 1 Heard the learned counsel for the applicant. By this application the applicant is seeking stay of operation and implementation Judgment and Award dated 2nd August 2014 passed by MACT,Mumbai in Claim Petition No.2370 of 2007 holding that the claimants are entitled to compensation of Rs.11,86,671/ with interest at the rate of 7.5% p.a. 2 The learned counsel for the applicant submits that they have challenged the impugned Judgment on quantum basis. She submits that the compensation awarded by the Tribunal is on higher side. She further submits that if the entire amount is recovered by the respondents by filing execution application, then nothing survives in the present application. She submits that the applicant is ready and willing to deposit the entire amount with interest within three weeks from today. Statement is accepted. She submits that pending the final disposal of the present First Appeal, this Court be pleased to stay the operation and implementation of the impugned Judgment. 3 It is to be noted that in the present proceedings accident occurred on 3rd July 2007. Claimant No.1 lost her husband and the claimant Nos.2 and 3 lost their father. At the time of accident the age of the deceased was 45 years. He was running the medical shop under the name and style of Ashish Medical and General Stores,Kandivali, Mumbai. He was earning nearby 1,10,943/ p.a from his business. Considering this aspect, the claimant No.1wife and claimant Nos.3 and 4 being minors, I am of the opinion that they can be permitted to withdraw the amount. 4 Hence I pass the following order : (a) The operation and implementation of the impugned Judgment and Award dated 2nd August 2014 passed by MACT,Mumbai in Claim Petition No.2370 of 2007 is stayed during the pendency of the First Appeal with condition that the Applicant to deposit entire compensation amount with interest in MACT, Mumbai on or before 21st September 2019 failing which Civil Application shall stand dismissed. (b) If the entire amount of compensation with interest is deposited within stipulated time, Applicant No.1Smt.Anuja Ramachal Patel and claimant No.2Master Gaurav Ramachal Patel are entitled to withdraw a sum of Rs.2 lakh each with accrued interest thereon without furnishing any security subject to final outcome of the First Appeal. (c)The Tribunal is directed to invest remaining amount in Fixed deposit in any nationalised bank initially for a period of one year and to continue till further order. (d)Liberty is granted to the respondents claimants, if they so desire, to apply for withdrawal of the amount, which shall be decided on its own merits. (e)Civil Application is disposed of with no order as to costs. (K.K.TATED,J.)

Order - Status 6: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.502 OF 2013 Office Notes, Office Memoranda of appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders Ms.Poonam Mital Advocate for Appellant. None for the Respondent. CORAM: A.P. BHANGALE, J. DATED : 23rd September 2013. P.C. : Stand over to 30.9.2013. ( A.P. BHANGALE, J. )

Order - Status 10: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE FIRST APPEAL NO. 502 OF 2013 WITH CIVIL APPLICATION NO. 4634 OF 2008 IN FIRST APPEAL NO. 502 OF 2013 THE NATIONAL INSURANCE CO. LTD. .. APPELLANT VERSUS SANJAY GANPATI LOHAR & ANR... RESPONDENTS Ms. Poonam Mital, Advocate for the appellant CORAM:-A. P. BHANGALE, J. DATED : 30/9/2013 P.C. Heard. 2 According to learned advocate for the appellant, main insurance policy is not operative as cheque issued towards payment of premium was dishonoured and insurance policy could not come in operation. The insurer would not be liable to pay compensation to the claimant. However, it is FA502.13 submitted that the amount of award is already deposited with the tribunal. That being so, considering the impugned judgment and award, the tribunal can execute the award provided that, if amount is allowed to be withdrawn by the claimants along with interest as ordered, the security to the satisfaction of the tribunal be insisted upon until insurer (appellant) can move the tribunal with the application to disown the liability to pay compensation, on the ground that policy was not subsisting on the date of the award or at the time of the accident. 3 Liberty, accordingly for the appellant to move the tribunal. However, in my opinion, when third party is a victim of motor vehicle accident, the contention that insurance policy was cancelled prior to the date of accident as a result of dishonour of cheque issued towards premium, would not be an excuse for not to pay the award amount. Of course considering the fact that insurance policy is a contract between the insurer 2/4 2 and the insured (policy holder) and third party is not concerned with the fact of payment of premium but concerned with compensation awarded, the victim of the accident (third party) is entitled to receive the amount awarded as compensation and insurer is surely liable to pay. The insurer is entitled to move the tribunal as against the owner of the offending vehicle to recover the amount, if according to it the amount was wrongly paid as compensation to the third party. 4 Ruling in National Insurance Co. Ltd. v. Reshmi & Ors., 2012 ACJ 920 and National Insurance Co. Ltd. v. Seema Malhotra & Ors., (2001) 3 SCC 151 and New India Assurance Co. Ltd. v. Rekha Devi & Ors., 2013 ACJ 1686 are brought to my notice. In view of the observations made, in my opinion, since the amount of award is already deposited with the tribunal, the victim of the accident, which is third party, is entitled to receive the same while the insurer can recover the amount, if compensation was paid wrongly to the 3 claimants and was recoverable from the owner of the offending motor vehicle. According to ruling, the insurer or owner of the motor vehicle is liable either jointly or severally to pay compensation to the third party i.e. the claimants (dependents of the victim of the accident). The order accordingly must be passed with liberty to the insurer to move the Tribunal in case it wants to recover compensation paid from owner of the offending Motor vehicle in the same proceedings of the execution of award and need not adopt any independent suit or proceedings to recover the run paid from owner of the offending Motor vehicle. 4 5 The appeal is disposed of accordingly. (A.P. BHANGALE, J.) md.saleem