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Bombay High CourtFA/698/2019disposed off

Reliance General Insurance Co. Ltd. v. Shri. Sitaram Ganpat Shelar And ANR.

2024-12-05Hon'Ble Shri Justice Shivkumar Dige2 pages

512.698.19-fa.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION First Appeal No.698/2019 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Ms. Shalini Shankar for the Appellant CORAM: K.K.TATED, J.

DATED : SEPTEMBER 18, 2019 P.C.

Pursuant to the praecipe filed by the learned counsel for the Appellant, the matter is taken on production board.

By this First Appeal, the Appellant Insurance Co. challenges the judgment and award dated 25.09.2018 passed by the MACT Thane in MACP No.558/2015 holding that the Respondent-Claimant is entitled to sum of Rs.4,78,449/- by way of compensation with interest @ 7% p.a.

The learned counsel for the Appellant submits that while awarding the compensation, the Tribunal has failed to consider that the RespondentClaimant has failed to place on record any proof about his salary. Not only that Basavraj G. Patil 1/2

512.698.19-fa.odt the compensation awarded by the Tribunal is on higher side. He submits that they have good chance of success in the matter.

Considering the submissions made by the learned counsel for the Appellant and the impugned judgment and award following order is passed:

a.

Admit.

b.

The Appellant is directed to file private paper book within one year from today with copy to other side, failing which the First Appeal shall stand dismissed without further reference to the court.

c.

Printing dispensed with.

d.

Call R & P.

(K.K.TATED, J.) Basavraj G. Patil 2/2