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Bombay High Court

M/S. CENTURY LAMINATING COMPANY LTD.versusHIRACHAND DALICHAND BAFNA AND OTHRS

Decided
Disposal
Dismissed

Holding

The appeal is dismissed for non‑prosecution.

Summary

The appellant, Century Laminating Company Ltd., appealed a decision that directed it to pay compensation to the claimants after the driver of the vehicle died and the insurance company contested the claim. The original claim was allowed, and the owner was ordered to pay. In the appeal, the appellant alleged a change of address and lack of representation but failed to appear or prosecute the appeal. The High Court dismissed the appeal for non‑prosecution, ordered the statutory deposit with interest to be transferred to the Tribunal, directed a refund of court fees, and instructed the Tribunal to distribute the compensation as per the award. The record was to be returned to the Tribunal on a priority basis.

Issues considered

  • Whether the appeal should be dismissed for non‑prosecution.
  • Whether the statutory deposit with interest must be transferred to the Tribunal.
  • Whether court fees are to be refunded under the applicable rules.

Subjects

  • appeal
  • non‑prosecution
  • statutory deposit
  • court fees
  • compensation
  • tribunal

Judgment

                                                                                   7 Fa-2857-2007.doc




                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION

                                          FIRST APPEAL NO. 2857 OF 2007

                       M/S. Century Laminating Company
                       Ltd.                                                ...Appellant

                                  Vs.

                       Hirachand Dalichand Bafna And
                       Others                                              ...Respondents

                                                        *****
                               None for the Appellant
                               Ms. Harshada Rane        for the Respondent No. 3
                               (through VC)

                                                        *****
                                           CORAM :         S. M. MODAK, J.

                                           DATE     :     31st AUGUST 2026

                       P. C. :-

                       1.       This is an appeal filed by the owner of the vehicle, who is

                       Opponent No. 2. Whereas original Opponent No. 1 driver has expired

                       during pendency of the claim petition. It was only Insurance

                       Company-Opponent No. 3 contested the claim. It was allowed. Only

                       owner of the Company is directed to pay the compensation.

                       2.       In the appeal, they have claimed that they have shifted the
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                                                             7 Fa-2857-2007.doc




address. They could not contest the proceeding. No one is present on

behalf of the Appellant. Even no one is present on behalf of the

Claimant.

3.       Appeal is dismissed for non-prosecution.

4.       Statutory deposit alongwith interest be transferred to the

Tribunal. Refund the Court fees as per the Rules.

5.       The Tribunal to distribute the amount of compensation to the

Claimants as per award.

6.       Record and proceedings be returned to the Tribunal on priority

basis.



                                        [S. M. MODAK, J.]




Seema                                                                     2/2


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