National Insurance Co.Ltd. v. Smt.Aasha Ankush Thakur And ORS.

48.1092.17-fa.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION First Appeal No. 1092/2017 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Ms. Urmila K. Sanil for the Applicant CORAM: K.K.TATED, J.

DATED : AUGUST 28, 2019 P.C.

Heard. By this First Appeal, the Appellant Insurance Co. challenges the judgment and award dated 29.09.2016 passed by the MACT Raigad at Alibaug in MACP No.318/2013 holding that the Respondent-Claimants are entitled to compensation to the tune of Rs.13,05,000/- with interest @ 7% p.a.

from the date of Application till realisation.

The learned counsel for the Appellant submits that the deceased was riding a motor bike. On the date of accident he was 17 years old. He was not holding valid license on that day.

Therefore, there is no question of holding the Insurance Co. liable to pay compensation.

Basavraj G. Patil 1/2

48.1092.17-fa.odt Considering the submissions made by the learned counsel for the Appellant and para 10 of the impugned judgment and award, following order is passed:

a.

Admit.

b.

The Appellant is directed to file paper book within a period of 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.

Office to call R & P immediately.

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